Restricted Areas and Danger Zone at Naval Station Mayport, FL, 3883-3885 [2010-1295]

Download as PDF Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Proposed Rules • Industry sector (if applicable): Metals, wood products, grain or wet corn milling, food (including sugar), pharmaceutical or chemical manufacturing, paper products, rubber or plastics, coal, or other (if other, please specify). Electronic copies of this Federal Register notice, as well as news releases and other relevant documents, are available on the OSHA Web page at: http://www.osha.gov. Authority and Signature This document was prepared under the direction of David Michaels, PhD, MPH, Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, pursuant to sections 4, 6, and 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657), 29 CFR part 1911, and Secretary’s Order 5–2007 (72 FR 31160). Signed at Washington, DC, on January 19, 2010. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. 2010–1322 Filed 1–22–10; 8:45 am] BILLING CODE 4510–26–P DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers 33 CFR Part 334 Restricted Areas and Danger Zone at Naval Station Mayport, FL AGENCY: United States Army Corps of Engineers, Department of Defense. jlentini on DSKJ8SOYB1PROD with PROPOSALS ACTION: Notice of proposed rulemaking and request for comments. SUMMARY: The U.S. Army Corps of Engineers (Corps) is proposing to revise the existing regulations for a restricted area and establish a danger zone in the waters adjacent to and within the boundaries of Naval Station (NAVSTA) Mayport in Florida. The NAVSTA is the third largest naval facility in the continental United States and is unique in that it is home to a busy seaport as well as an air facility which conducts more than 135,000 flight operations each year. This amendment to the existing regulation is necessary to enhance the safety of the local community by ensuring safe navigation of the adjacent waterways, to preserve military security force protection measures, and adhere to military munitions regulations. VerDate Nov<24>2008 16:23 Jan 22, 2010 Jkt 220001 DATES: Written comments must be submitted on or before February 24, 2010. You may submit comments, identified by docket number COE– 2009–0063 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–2009–0063 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–2009–0063. All comments received will be included in the public docket without change and may be made available on-line at http://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 http:// www.regulations.gov. All documents in the docket are listed. Although listed in the index, some information is not ADDRESSES: PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 3883 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 at 33 CFR part 334 by expanding the existing restricted area as well as establishing two new restricted areas and a new danger zone in Florida within the NAVSTA Mayport facilities and along the facility shoreline. The amendment to the existing regulation will allow the Commanding Officer, NAVSTA Mayport to restrict passage of persons, watercraft, and vessels in waters contiguous to his Command to meet Department of Defense directive O–2000.12–H Chapter C22.14 and United States Fleet Forces Antiterrorism Operation Order 3300–09 requirements for Waterside Security and Naval Vessel Protection Zones. The amendment is also intended to address public safety concerns associated with increased vessel traffic in the waterways adjacent to the NAVSTA Mayport facility, especially during munitions movement in and around the munitions wharves. Procedural Requirements a. Review Under Executive Order 12866. The proposed 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 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 proposed rule would have practically no economic impact on the public, or result in no anticipated navigational hazard or interference with E:\FR\FM\25JAP1.SGM 25JAP1 3884 Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Proposed Rules 30°23′52.97″ N, longitude 081°25′36.51″ W; thence to latitude 30°23′56.71″ N, longitude 081°25′36.51″ W; then the line meanders irregularly, following the shoreline at a distance of 380 feet seaward from the mean high water line to a point at latitude 30°23′54.20″ N, longitude 081°24′14.11″ W, thence proceed directly to latitude 30°23′46.33″ N, longitude 081°24′03.73″ W, then the line meanders irregularly, following the shoreline at a distance of 380 feet seaward from the mean high water line to a point at latitude 30°23′53.08″ N, longitude 081°23′34.00″ W, thence following the arc of a circle with a radius of 466 feet, centered at latitude 30°23′48.52″ N, longitude 081°23′33.30″ W, to a point on the jetty at latitude 30°23′50.06″ N, longitude 081°23′28.26″ W. (3) Atlantic Ocean restricted area. From the last point identified in paragraph (a)(2) of this section, latitude 30°23′50.06″ N, longitude 081°23′28.26″ W, proceed to a point at latitude 30°23′49.12″ N, longitude 81°23′28.10″ W, then the line meanders irregularly, following the shoreline at a distance of 380 feet seaward from the mean high water line to a point at latitude 30°22′54.37″ N, longitude 081°23′44.09″ W, thence proceed directly to shore to terminate at latitude 30°22′54.46″ N, longitude 081°23′48.44″ W. List of Subjects in 33 CFR Part 334 (4) Sherman Creek restricted area. This restricted area shall encompass all Danger zones, Navigation (water), navigable waters of the United States, as Restricted areas, Waterways. defined at 33 CFR 329, to include For the reasons set out in the Sherman Creek, its tributaries and preamble, the Corps proposes to amend associated tidal marshes located within 33 CFR Part 334 as follows: the NAVSTA Mayport area boundaries described in this section. The restricted PART 334—DANGER ZONE AND area is completely encircled by RESTRICTED AREA REGULATIONS roadways and is bordered on the south 1. The authority citation for part 334 by Wonderwood Expressway, on the continues to read as follows: west by SR A1A, on the north by Perimeter Road, and on the east by Authority: 40 Stat. 266 (33 U.S.C. 1) and Mayport Road. 40 Stat. 892 (33 U.S.C. 3). (5) Danger zone. The danger zone 2. Revise § 334.500 to read as follows: shall encompass all navigable waters of the United States, as defined at 33 CFR § 334.500 St. Johns River, Atlantic Ocean, 329, within the area bounded by a line Sherman Creek; restricted areas and danger zone, Naval Station Mayport, connecting the following coordinates: Florida. Commencing from the shoreline at (a) The areas. (1) The St. Johns River latitude 30°24′00.31″ N, longitude restricted area and the Atlantic Ocean 081°25′06.02″ W; thence to latitude restricted area described in paragraphs 30°24′11.16″ N, longitude 081°25′03.90″ (a)(2) and (a)(3) of this section, W; thence to latitude 30°24′00.62″ N, respectively, are contiguous but each longitude 081°24′10.13″ W; thence to a area is described separately for point on the shoreline riprap at latitude clarification. 30°23′41.26″ N, longitude 081°24′08.82″ (2) St. Johns River restricted area. This W. restricted area shall encompass all (b) The regulations. (1) St. Johns River navigable waters of the United States, as restricted area. All persons, vessels, or defined at 33 CFR 329, within the area other craft are prohibited from entering, bounded by a line connecting the transiting, drifting, dredging or following coordinates: Commencing anchoring within the area described in from the shoreline at latitude paragraph (a)(2) of this section without jlentini on DSKJ8SOYB1PROD with PROPOSALS 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 on 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. d. Unfunded Mandates Act. This proposed rule does not contain a Federal mandate that may result in expenditures of $100 million or more for State, local, and Tribal governments, in the aggregate, or the private sector in any one year. Therefore, this proposed rule is not subject to the requirements of Sections 202 and 205 of the Unfunded Mandates Reform Act (UMRA). The proposed rule contains no regulatory requirements that might significantly or uniquely affect small governments. Therefore, the proposed rule is not subject to the requirements of Section 203 of UMRA. VerDate Nov<24>2008 16:23 Jan 22, 2010 Jkt 220001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 the permission of the Commanding Officer, NAVSTA Mayport, Florida, or his/her authorized representative. This restriction will be in place 24 hours a day, seven days a week. Warning signs notifying individuals of the restricted area boundary and prohibiting entry into the area will be posted at 500-foot intervals along the property boundary. (2) Atlantic Ocean restricted area. All persons, vessels, or other craft are prohibited from entering, transiting, drifting, dredging or anchoring within the area described in paragraph (a)(3) of this section without the permission of the Commanding Officer, NAVSTA Mayport, Florida, or his/her authorized representative. This restriction will be in place 24 hours a day, seven days a week. Warning signs notifying individuals of the restricted area boundary and prohibiting entry into the area will be posted at 500-foot intervals along the property boundary. (3) Sherman Creek restricted area. All persons, vessels, or other craft are prohibited from entering, transiting, drifting, dredging or anchoring within the area described in paragraph (a)(4) of this section without the permission of the Commanding Officer, NAVSTA Mayport, Florida, or his/her authorized representative. This restriction will be in place 24 hours a day, seven days a week. Warning signs notifying individuals of the restricted area boundary and prohibiting entry into the area will be posted at 500-foot intervals along the property boundary where practicable (i.e., not in the wetlands). Additionally, a floating Small Craft Intrusion Barrier will be placed across Sherman Creek just east of the A1A bridge and another will be placed across tributaries to Sherman Creek just north of the Wonderwood Expressway. (4) Danger zone. During periods of munitions movement at wharves Bravo and Charlie, no person or vessel shall be allowed to remain within the 1,250-foot Explosive Safety Quantity-Distance arcs generated by the activity. NAVSTA Mayport will not announce or publish notification prior to enforcing this regulation due to the unacceptable security threat posed by advance public notice of military munitions movements. (c) Enforcement. The regulations in this section shall be enforced by the Commanding Officer, NAVSTA Mayport, Florida and/or such persons or agencies as he/she may designate. Military vessels will patrol the areas identified in this section 24 hours a day, 7 days a week. Any person or vessel encroaching within the areas identified in this section will be asked to immediately leave the area. Failure to E:\FR\FM\25JAP1.SGM 25JAP1 Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Proposed Rules do so will result in the forceful removal of the person or vessel from the area in question. Dated: January 19, 2010. Jonathan A. Davis, Deputy Chief, Operations, Directorate of Civil Works. [FR Doc. 2010–1295 Filed 1–22–10; 8:45 am] 3885 DEPARTMENT OF HOMELAND SECURITY Tuesday, September 8, 2009, make the following correction: Federal Emergency Management Agency §67.4 [Corrected] On page 46075, in §67.4, the table is reprinted to read as follows: 44 CFR Part 67 [Docket ID FEMA–2008–0020; Internal Agency Docket No. FEMA–B–1072] BILLING CODE 3720–58–P Proposed Flood Elevation Determinations Correction In proposed rule document E9–21472 beginning on page 46074 in the issue of Flooding source(s) * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ∧ Elevation in meters (MSL) Location of referenced elevation** Effective Communities affected Modified Napa County, California, and Incorporated Areas Napa Creek ........................... At the confluence with Napa River ............................... Approximately 100 feet upstream of Jefferson Street Approximately 715 feet west of intersection of State Route 121 and East Avenue. +22 +35 +28 +18 +34 +27 +32 +29 Napa River (Without Levee) Approximately 1,530 feet southwest of intersection of State Route 121 and Woodland Drive. Approximately 0.5 mile downstream of Imola Avenue +13 +12 +47 +46 Napa River Oxbow Overflow Approximately 1,230 feet downstream of confluence of Soda Creek. At the confluence with Tulucay Creek ......................... +18 +16 Approximately 0.39 mile upstream of Soscol Avenue Extensive ponding areas, in roadways south of Salvador creek (lowest elevation). +22 None +19 +39 None +76 Salvador Creek ..................... Extensive ponding areas, in roadways south of Salvador creek (highest elevation). At the confluence with Napa River ............................... +33 +31 Salvador Creek North Branch Approximately 100 feet upstream of State Highway 29 At the confluence with Salvador Creek ........................ None None +75 +75 Approximately 0.8 mile upstream of confluence with Salvador Creek. At the confluence with Salvador Creek ........................ None +93 None +75 City of Napa. Approximately 1,365 feet upstream of Salvador Creek Shallow flooding area, approximately 425 feet northeast of intersection of Imola Avenue and Gasser Drive. Shallow flooding area, approximately 1,400 feet northeast of intersection of Imola Avenue and Gasser Drive. At the confluence with Napa River ............................... Approximately 560 feet upstream of Shurtleff Avenue None +15 +76 #1 City of Napa. +17 #2 +18 +37 +15 +38 Napa River (With Levee) ...... Ponding Areas with elevations determined (AH Zones). Salvador Creek South Branch. jlentini on DSKJ8SOYB1PROD with PROPOSALS Shallow Flooding (AO Zone) Tulucay Creek ....................... * National Geodetic Vertical Datum. + North American Certical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. VerDate Nov<24>2008 16:23 Jan 22, 2010 Jkt 220001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\25JAP1.SGM 25JAP1 City of Napa. City of Napa, Unincorporated Areas of Napa County. City of Napa, Unincorporated Areas of Napa County. City of Napa, Unincorporated Areas of Napa County. City of Napa, Unincorporated Areas of Napa County. City of Napa, Unincorporated Areas of Napa County. City of Napa, Unincorporated Areas of Napa County. City of Napa. Unincorporated Areas of Napa County.

Agencies

[Federal Register Volume 75, Number 15 (Monday, January 25, 2010)]
[Proposed Rules]
[Pages 3883-3885]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1295]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


Restricted Areas and Danger Zone at Naval Station Mayport, 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 
revise the existing regulations for a restricted area and establish a 
danger zone in the waters adjacent to and within the boundaries of 
Naval Station (NAVSTA) Mayport in Florida. The NAVSTA is the third 
largest naval facility in the continental United States and is unique 
in that it is home to a busy seaport as well as an air facility which 
conducts more than 135,000 flight operations each year. This amendment 
to the existing regulation is necessary to enhance the safety of the 
local community by ensuring safe navigation of the adjacent waterways, 
to preserve military security force protection measures, and adhere to 
military munitions regulations.

DATES: Written comments must be submitted on or before February 24, 
2010.

ADDRESSES: You may submit comments, identified by docket number COE-
2009-0063 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-2009-0063 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-2009-0063. 
All comments received will be included in the public docket without 
change and may be made available on-line at http://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 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.

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 at 33 CFR 
part 334 by expanding the existing restricted area as well as 
establishing two new restricted areas and a new danger zone in Florida 
within the NAVSTA Mayport facilities and along the facility shoreline. 
The amendment to the existing regulation will allow the Commanding 
Officer, NAVSTA Mayport to restrict passage of persons, watercraft, and 
vessels in waters contiguous to his Command to meet Department of 
Defense directive O-2000.12-H Chapter C22.14 and United States Fleet 
Forces Antiterrorism Operation Order 3300-09 requirements for Waterside 
Security and Naval Vessel Protection Zones. The amendment is also 
intended to address public safety concerns associated with increased 
vessel traffic in the waterways adjacent to the NAVSTA Mayport 
facility, especially during munitions movement in and around the 
munitions wharves.

Procedural Requirements

    a. Review Under Executive Order 12866. The proposed 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 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 proposed rule would have 
practically no economic impact on the public, or result in no 
anticipated navigational hazard or interference with

[[Page 3884]]

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 on 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.
    d. Unfunded Mandates Act. This proposed rule does not contain a 
Federal mandate that may result in expenditures of $100 million or more 
for State, local, and Tribal governments, in the aggregate, or the 
private sector in any one year. Therefore, this proposed rule is not 
subject to the requirements of Sections 202 and 205 of the Unfunded 
Mandates Reform Act (UMRA). The proposed rule contains no regulatory 
requirements that might significantly or uniquely affect small 
governments. Therefore, the proposed rule is not subject to the 
requirements of Section 203 of UMRA.

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.  334.500 to read as follows:


Sec.  334.500  St. Johns River, Atlantic Ocean, Sherman Creek; 
restricted areas and danger zone, Naval Station Mayport, Florida.

    (a) The areas. (1) The St. Johns River restricted area and the 
Atlantic Ocean restricted area described in paragraphs (a)(2) and 
(a)(3) of this section, respectively, are contiguous but each area is 
described separately for clarification.
    (2) St. Johns River restricted area. This restricted area shall 
encompass all navigable waters of the United States, as defined at 33 
CFR 329, within the area bounded by a line connecting the following 
coordinates: Commencing from the shoreline at latitude 
30[deg]23[min]52.97[sec] N, longitude 081[deg]25[min]36.51[sec] W; 
thence to latitude 30[deg]23[min]56.71[sec] N, longitude 
081[deg]25[min]36.51[sec] W; then the line meanders irregularly, 
following the shoreline at a distance of 380 feet seaward from the mean 
high water line to a point at latitude 30[deg]23[min]54.20[sec] N, 
longitude 081[deg]24[min]14.11[sec] W, thence proceed directly to 
latitude 30[deg]23[min]46.33[sec] N, longitude 
081[deg]24[min]03.73[sec] W, then the line meanders irregularly, 
following the shoreline at a distance of 380 feet seaward from the mean 
high water line to a point at latitude 30[deg]23[min]53.08[sec] N, 
longitude 081[deg]23[min]34.00[sec] W, thence following the arc of a 
circle with a radius of 466 feet, centered at latitude 
30[deg]23[min]48.52[sec] N, longitude 081[deg]23[min]33.30[sec] W, to a 
point on the jetty at latitude 30[deg]23[min]50.06[sec] N, longitude 
081[deg]23[min]28.26[sec] W.
    (3) Atlantic Ocean restricted area. From the last point identified 
in paragraph (a)(2) of this section, latitude 30[deg]23[min]50.06[sec] 
N, longitude 081[deg]23[min]28.26[sec] W, proceed to a point at 
latitude 30[deg]23[min]49.12[sec] N, longitude 81[deg]23[min]28.10[sec] 
W, then the line meanders irregularly, following the shoreline at a 
distance of 380 feet seaward from the mean high water line to a point 
at latitude 30[deg]22[min]54.37[sec] N, longitude 
081[deg]23[min]44.09[sec] W, thence proceed directly to shore to 
terminate at latitude 30[deg]22[min]54.46[sec] N, longitude 
081[deg]23[min]48.44[sec] W.
    (4) Sherman Creek restricted area. This restricted area shall 
encompass all navigable waters of the United States, as defined at 33 
CFR 329, to include Sherman Creek, its tributaries and associated tidal 
marshes located within the NAVSTA Mayport area boundaries described in 
this section. The restricted area is completely encircled by roadways 
and is bordered on the south by Wonderwood Expressway, on the west by 
SR A1A, on the north by Perimeter Road, and on the east by Mayport 
Road.
    (5) Danger zone. The danger zone shall encompass all navigable 
waters of the United States, as defined at 33 CFR 329, within the area 
bounded by a line connecting the following coordinates: Commencing from 
the shoreline at latitude 30[deg]24[min]00.31[sec] N, longitude 
081[deg]25[min]06.02[sec] W; thence to latitude 
30[deg]24[min]11.16[sec] N, longitude 081[deg]25[min]03.90[sec] W; 
thence to latitude 30[deg]24[min]00.62[sec] N, longitude 
081[deg]24[min]10.13[sec] W; thence to a point on the shoreline riprap 
at latitude 30[deg]23[min]41.26[sec] N, longitude 
081[deg]24[min]08.82[sec] W.
    (b) The regulations. (1) St. Johns River restricted area. All 
persons, vessels, or other craft are prohibited from entering, 
transiting, drifting, dredging or anchoring within the area described 
in paragraph (a)(2) of this section without the permission of the 
Commanding Officer, NAVSTA Mayport, Florida, or his/her authorized 
representative. This restriction will be in place 24 hours a day, seven 
days a week. Warning signs notifying individuals of the restricted area 
boundary and prohibiting entry into the area will be posted at 500-foot 
intervals along the property boundary.
    (2) Atlantic Ocean restricted area. All persons, vessels, or other 
craft are prohibited from entering, transiting, drifting, dredging or 
anchoring within the area described in paragraph (a)(3) of this section 
without the permission of the Commanding Officer, NAVSTA Mayport, 
Florida, or his/her authorized representative. This restriction will be 
in place 24 hours a day, seven days a week. Warning signs notifying 
individuals of the restricted area boundary and prohibiting entry into 
the area will be posted at 500-foot intervals along the property 
boundary.
    (3) Sherman Creek restricted area. All persons, vessels, or other 
craft are prohibited from entering, transiting, drifting, dredging or 
anchoring within the area described in paragraph (a)(4) of this section 
without the permission of the Commanding Officer, NAVSTA Mayport, 
Florida, or his/her authorized representative. This restriction will be 
in place 24 hours a day, seven days a week. Warning signs notifying 
individuals of the restricted area boundary and prohibiting entry into 
the area will be posted at 500-foot intervals along the property 
boundary where practicable (i.e., not in the wetlands). Additionally, a 
floating Small Craft Intrusion Barrier will be placed across Sherman 
Creek just east of the A1A bridge and another will be placed across 
tributaries to Sherman Creek just north of the Wonderwood Expressway.
    (4) Danger zone. During periods of munitions movement at wharves 
Bravo and Charlie, no person or vessel shall be allowed to remain 
within the 1,250-foot Explosive Safety Quantity-Distance arcs generated 
by the activity. NAVSTA Mayport will not announce or publish 
notification prior to enforcing this regulation due to the unacceptable 
security threat posed by advance public notice of military munitions 
movements.
    (c) Enforcement. The regulations in this section shall be enforced 
by the Commanding Officer, NAVSTA Mayport, Florida and/or such persons 
or agencies as he/she may designate. Military vessels will patrol the 
areas identified in this section 24 hours a day, 7 days a week. Any 
person or vessel encroaching within the areas identified in this 
section will be asked to immediately leave the area. Failure to

[[Page 3885]]

do so will result in the forceful removal of the person or vessel from 
the area in question.

    Dated: January 19, 2010.
Jonathan A. Davis,
Deputy Chief, Operations, Directorate of Civil Works.
[FR Doc. 2010-1295 Filed 1-22-10; 8:45 am]
BILLING CODE 3720-58-P