Gulf of Mexico, Apalachicola Bay, East Bay, St. Andrew Bay and St. Andrew Sound at Tyndall Air Force Base, Florida; Restricted Areas, 55052-55055 [2015-23030]
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Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Proposed Rules
this notice, and are included in the
docket folder for this rule at https://
www.regulations.gov. In addition, we
are undertaking outreach efforts to
engage federal and private stakeholders,
including the scientific community. We
will consider the results of these
information-gathering efforts
collectively when we evaluate how to
consider the vocational factors in
determining whether an individual can
adjust to other work.
tkelley on DSK3SPTVN1PROD with PROPOSALS
What should you comment about?
When we determine whether an
individual can adjust to other work, we
consider an individual’s functional
capacities and limitations, the
occupational base in the national
economy, and the vocational factors of
age, education, and work experience.
We have ongoing activities related to
each of these considerations. Although
complementary, our activities related to
functional limitations and the
occupational base are independent and
are occurring on separate timeframes
from our effort on the vocational factors.
Accordingly, we are narrowing the
scope of this ANPRM to solicit public
comments on only the vocational
factors. We are not soliciting public
comments on how we assess an
individual’s functional limitations. We
are also not soliciting public comments
in this notice on sources of occupational
data we use at step 5, such as the
Dictionary of Occupational Titles,
because we are working with the Bureau
of Labor Statistics (BLS) to test the
collection of updated occupational
information that we intend to use to
develop a new occupational information
system.13
Specifically, given today’s work
environment and advances in
technology and medicine, we are
seeking public input, research, and data
about the following:
1. Is the factor of age predictive in
determining an individual’s ability to
work or to adjust to other work? If it is
predictive, what are the vocationally
significant age milestones we should
consider? If it is not predictive, what
data support that assertion?
2. When determining if age affects an
individual’s ability to work or to adjust
to other work, what other factors or
combination of factors should we
consider?
3. Does an individual’s educational
level affect an individual’s ability to do
work or to adjust to other work? If so,
13 You can find more information on this effort on
the BLS Web site at https://www.bls.gov/ors/, and on
our Web site at https://www.ssa.gov/
disabilityresearch/occupational_info_systems.html.
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how? What data support the conclusion
that an individual’s educational level
does or does not affect an individual’s
ability to do work or to adjust to other
work? How does literacy affect an
individual’s ability to do work or adjust
to other work?
4. Does the skill level of an
individual’s past work affect his or her
ability to adjust to other work? If so,
how? What data support the conclusion
that the skill level of an individual’s
past work does or does not affect an
individual’s ability to do work or to
adjust to other work? How does the skill
level of an individual’s past work
considered along with an individual’s
educational level affect this adjustment?
5. Are there other vocational factors or
combinations of vocational factors that
we should consider when determining
an individual’s ability to do work or to
adjust to other work?
List of Subjects
20 CFR Part 404
Administrative practice and
procedure, Blind, Disability benefits,
Old-age, Survivors and Disability
Insurance, Reporting and recordkeeping
requirements, Social security.
20 CFR Part 416
Administrative practice and
procedure, Reporting and recordkeeping
requirements, Social security.
Dated: July 30, 2015.
Carolyn W. Colvin,
Acting Commissioner of Social Security.
[FR Doc. 2015–22839 Filed 9–11–15; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
Will we respond to your comments?
We will consider all relevant public
comments we receive about this notice,
but we will not respond directly to
them. If we decide to propose specific
revisions to the vocational factors we
consider when we determine an
individual’s ability to do work or to
adjust to other work, we will publish a
notice of proposed rulemaking in the
Federal Register, and you will have a
chance to comment on any revisions we
propose.
References
Library of Congress, ‘‘Vocational Factors in
the Social Security Disability Decision
Process: A Review of the Literature’’
(December 1998).
American Institutes for Research, ‘‘The
Impact of Age, Education, and Work
Experience on Determining Eligibility for
Social Security Disability Insurance: A
Synthesis of Recent Literature’’ (2000).
American Institutes of Research,
‘‘Investigation of Non-Medical Factors
Used in SSA’s Medical-Vocational
Process: A Research Review of Age,
Education, and Skills as Related to SSA’s
Disability Determination Process’’
(August 2002).
Mathematica Center for Studying Disability
Policy, ‘‘Vocational Factors in the Social
Security Disability Determination
Process: A Literature Review’’ (July
2014) (available at: https://
www.mathematica-mpr.com/∼/media/
publications/pdfs/disability/drc_wp_
2014–07_voc_factors_
determinations.pdf)
Social Security Administration, Office of
Research, Evaluation, and Statistics,
‘‘Evidence Synthesis: The Use of
Vocational Factors in the Disability
Determination Process’’ (September
2014).
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33 CFR Part 334
Gulf of Mexico, Apalachicola Bay, East
Bay, St. Andrew Bay and St. Andrew
Sound at Tyndall Air Force Base,
Florida; Restricted Areas
U.S. Army Corps of Engineers,
Department of Defense.
ACTION: Notice of proposed rulemaking
and request for comments.
AGENCY:
The U.S. Army Corps of
Engineers (Corps) is proposing to amend
its regulations by revising an existing
restricted area regulation and
establishing a new restricted area along
portions of the Tyndall Air Force Base
(AFB) facility shoreline that will be
activated on a temporary basis. The
duration of temporary restricted area
activations will be limited to those
periods where it is warranted or
required by specific and credible
security threats and will be inactive at
all other times. The restricted area will
be partitioned using 23 pairs of
coordinates to facilitate quick
geographic recognition. Tyndall AFB is
surrounded on three sides by water with
approximately 129 miles of unprotected
coastline. This includes several areas
where the lack of security or lack of
restriction on access to these areas
leaves Tyndall AFB personnel and
resources vulnerable to unauthorized
activities. This amendment is necessary
to implement an enhanced threat
security plan for Tyndall AFB which
will allow temporary activation of one
or more portions of the restricted area as
necessary to provide the appropriate
level of security required to address the
specific and credible threat triggering
SUMMARY:
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Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Proposed Rules
the need for activation. This proposal is
an amended version of the proposal
published in the Federal Register on
May 9, 2013 (78 FR 27126).
DATES: Written comments must be
submitted on or before October 14,
2015.
You may submit comments,
identified by docket number COE–
2013–0003, by any of the following
methods:
Federal Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Email: david.b.olson@usace.army.mil.
Include the docket number, COE–2013–
0003, 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–2013–0003. 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 email directly to the
Corps without going through
regulations.gov, your email 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
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ADDRESSES:
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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.
Mr.
David Olson, Headquarters, Operations
and Regulatory Community of Practice,
Washington, DC at 202–761–4922 or Mr.
Edward Sarfert, U.S. Army Corps of
Engineers, Jacksonville District,
Regulatory Division, Pensacola
Regulatory Office at 850–439–9533.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Executive Summary
External reviews of security at
Tyndall AFB identified the lack of
jurisdiction to respond to threats from
the waterways as a major weakness.
Tyndall AFB does not currently have
the authority to restrict access to the
shoreline of Tyndall AFB if needed to
respond to a security threat. The
purpose of this regulatory action is to
establish a restricted area in the waters
surrounding portions of Tyndall AFB
that would only be activated on a
temporary basis in response to specific
and credible security threats.
Additionally this amendment provides
an administrative correction to the
existing regulation at 33 CFR 334.660.
The Corps authority to establish the
restricted area is 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).
Background
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 revise the regulations at
33 CFR part 334 by establishing a
restricted area in the waters surrounding
Tyndall AFB. This amendment will
allow the Installation Commander,
Tyndall AFB to temporarily restrict the
passage of persons, watercraft, and
vessels in waters contiguous to this
facility when a specific and credible
security threat is identified, providing
greater security for personnel and
equipment during those periods. The
administrative correction at 33 CFR
334.660(b)(3) will clarify who is
responsible for enforcing the provisions
of § 334.660.
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This proposed rule replaces the
proposed rule that was originally
published in the May 9, 2013, issue of
the Federal Register (78 FR 27126). The
Corps received many comments on that
proposed rule, and after those
comments were fully considered,
Tyndall AFB made substantial changes
to its request for a new restricted area.
Those changes are incorporated into this
proposed rule.
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. This rule has been
reviewed under the Regulatory
Flexibility Act (Pub. L. 96–354). The
Regulatory Flexibility Act generally
requires an agency to prepare a
regulatory flexibility analysis of any rule
subject to the notice-and-comment
rulemaking requirements under the
Administrative Procedure Act or any
other statute unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities (i.e., small
businesses and small governments).
Tyndall AFB has approximately 129
miles of unprotected shoreline,
including several areas where the lack
of security or restriction on access
leaves Tyndall AFB personnel and
resources vulnerable to unauthorized
activities. Therefore, the proposed
restricted area regulation is necessary to
implement an enhanced threat security
plan for Tyndall AFB which will allow
for the temporary activation of one or
more portions of the restricted area as
necessary to provide the appropriate
level of security required to address the
specific and credible threat triggering
the need for the activation. The
temporary restrictions in the proposed
rule are also necessary to protect the
public from potentially hazardous
conditions that may develop as a result
of military use of the area. When the
restricted area is activated, small
entities can continue to use the
navigable waters surrounding Tyndall
AFB that are outside of the restricted
area. After considering the economic
impacts of this proposed restricted area
regulation on small entities, I certify
that this action will not have a
significant impact on a substantial
number of small entities. We are
interested in the potential impacts of the
proposed regulation on small entities
and welcome comments on issues
related to such impacts.
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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
regulation 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
regulation.
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 § 334.660(b)(3) to read as
follows:
■
§ 334.660 Gulf of Mexico and Apalachicola
Bay south of Apalachicola, Fla., Drone
Recovery Area, Tyndall Air Force Base, Fla.
*
*
*
*
(b) * * *
(3) The federal regulations in this
section shall be enforced by the
Installation Commander, Tyndall Air
Force Base, Florida, and such other
agencies as he/she may designate.
■ 3. Add § 334.665 to read as follows:
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*
§ 334.665 East Bay, St. Andrew Bay and
St. Andrew Sound, enhanced threat
restricted area, Tyndall Air Force Base,
Florida.
(a) The area. (1) The coordinates
provided herein are approximations
obtained using a commercial mapping
program which utilizes Simple
Cylindrical projection with a WGS84
datum for its imagery base and imagery
dated February 15 and May 3, 2014.
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(2) Each portion of the temporary
restricted area described in paragraphs
(a)(4)(i) through (xxiii) of this section
shall encompass all navigable waters of
the United States as defined at 33 CFR
part 329 within the area described and
includes all contiguous inland navigable
waters which lie within the land
boundaries of Tyndall AFB.
(3) Because of the dynamic nature of
these geographic features near barrier
islands, the coordinate points provided
may not reflect the current situation
regarding the location of a point at the
mean high water line or 500 feet
waterward of the mean high water line.
Even if the landform has shifted through
erosion or accretion, the intent of the
area description will be enforced from
the existing point at the mean high
water line that is closest to the shoreline
point provided herein out to a point
located 500 feet waterward of the mean
high water line.
(4) The restricted area will be
partitioned using 23 pairs of coordinates
to facilitate quick geographic
recognition. The first point in each pair
of coordinates is located on the
shoreline, and the second point is a
point 500 feet waterward of the
shoreline. From the first point in each
pair of coordinates, a line meanders
irregularly following the shoreline and
connects to the first point in the next
pair of coordinates. From the second
point in each pair of coordinates, a line
beginning 500 feet waterward of the
shoreline meanders irregularly
following the shoreline at a distance of
500 feet waterward of the shoreline and
connects to the second point in the next
pair of coordinates. The restricted area
shall encompass all navigable waters of
the United States as defined at 33 CFR
part 329 within the area bounded by
lines connecting each of the following
pairs of coordinates:
(i) Farmdale Bayou: 30°1.156′ N.,
85°26.915′ W. to 30°1.238′ N.,
85°26.915′ W.
(ii) Baker Bayou: 30°1.325′ N.,
85°29.008′ W. to 30°1.402′ N.,
85°28.977′ W.
(iii) Blind Alligator Bayou: 30°2.094′
N., 85°29.933′ W. to 30°2.151′ N.,
85°29.864′ W.
(iv) Little Oyster Bay Point: 30°3.071′
N., 85°30.629′ W. to 30°3.133′ N.,
85°30.568′ W.
(v) Goose Point South: 30°3.764′ N.,
85°31.874′ W. to 30°3.719′ N.,
85°31.795′ W.
(vi) Goose Point North: 30°4.599′ N.,
85°31.577′ W. to 30° 4.650′ N.,
85°31.503′ W.
(vii) Little Cedar Lake: 30°4.974′ N.,
85°33.476′ W. to 30° 5.024′ N.,
85°33.401′ W.
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(viii) Chatters on Bayou: 30°5.729′ N.,
85°34.632′ W. to 30°5.811′ N.,
85°34.625′ W.
(ix) Fred Bayou: 30° 5.992′ N.,
85°35.296′ W. to 30°6.071′ N.,
85°35.325′ W.
(x) Pearl Bayou: 30°6.039′ N.,
85°36.651′ W. to 30°6.043′ N.,
85°36.557′ W.
(xi) Military Point: 30°7.394′ N.,
85°37.153′ W. to 30°7.459′ N.,
85°37.096′ W.
(xii) Freshwater Bayou: 30°7.425′ N.,
85°38.655′ W. to 30°7.473′ N.,
85°38.578′ W.
(xiii) Smack Bayou: 30°7.826′ N.,
85°39.654′ W. to 30°7.838′ N.,
85°39.560′ W.
(xiv) Redfish Point: 30°8.521′ N.,
85°40.147′ W. to 30°8.598′ N.,
85°40.113′ W.
(xv) Davis Point: 30°7.348′ N.,
85°41.224′ W. to 30°7.364′ N.,
85°41.317′ W.
(xvi) Tyndall Marina: 30°5.827′ N.,
85°39.125′ W. to 30°5.762′ N.,
85°39.184′ W.
(xvii) Heritage Bayou: 30°3.683′ N.,
85°35.823′ W. to 30°3.743′ N.,
85°35.887′ W.
(xviii) NCO Beach North: 30°4.209′
N., 85°37.430′ W. to 30°4.272′ N.,
85°37.368′ W. The restricted Area will
end on the west side of the land bridge
that extends into Shell Island. The
Restricted Area resumes on the east side
of the land bridge that extends into St.
Andrew Sound.
(xix) St. Andrew Sound west:
30°1.327′ N., 85°33.756′ W. to 30°1.377′
N., 85°33.681′ W.
(xx) St. Andrew Sound northwest: 30°
1.921′ N., 85° 33.244′ W to 30°1.869′ N.,
85°33.317′ W.
(xxi) St. Andrew Sound northeast:
30°0.514′ N., 85°31.558′ W to 30°0.452′
N., 85°31.619′ W.
(xxii) Wild Goose Lagoon: 29°59.395′
N., 85°30.178′ W. to 29°59.319′ N.,
85°30.216′ W.
(xxiii) Crooked Island North:
29°59.003′ N., 85°30.396′ W. to
29°59.082′ N., 85°30.371′ W.
(b) The regulations. (1) Unless one or
more portions of the restricted area
identified in (a)(4)(i) through (xxiii) of
this section is activated, all persons,
vessels and other craft are permitted
access to all of the navigable waters
described in paragraph (a) of this
section.
(2) During times when the restricted
area defined in paragraphs (a)(4)(i)
through (xxiii) of this section is not
active, U.S. Air Force boat patrols may
operate in the waters adjacent to
Tyndall AFB’s shoreline to observe the
shoreline in order to identify any threats
to the installation or personnel. U.S. Air
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Force personnel will not have any
authority to enforce federal, local or
state laws on the water.
(3) Due to the nature of security
threats, restricted area activation may
occur with little advance notice.
Activation will be based on local or
national intelligence information related
to threats against military installations
and/or resources common to Tyndall
AFB in concert with evaluations
conducted by the Tyndall AFB Threat
Working Group and upon direction of
the Installation Commander, Tyndall
AFB. The Installation Commander
activates only those portions of the
restricted area identified in paragraphs
(a)(4)(i) through (xxiii) of this section
necessary to provide the level of
security required in response to the
specific and credible threat(s) triggering
the activation. The duration of
activation for any portion(s) of the
restricted area defined in paragraph (a)
of this section, singularly or in
combination, will be limited to those
periods where it is warranted or
required by security threats. Activated
portions of the restricted area will be
reevaluated every 48 hours to determine
if the threat(s) triggering the activation
or related threats warrant continued
activation. The activated portion(s) of
the restricted area expire if no
reevaluation occurs or if the Installation
Commander determines that activation
is no longer warranted.
(4) Public notification of a temporary
restricted area activation will be made
via marine VHF broadcasts (channels 13
and 16), local notices to mariners, local
news media through Air Force Public
Affairs notifications and by on-scene
installation personnel. On-scene
installation personnel will notify
boaters in the restricted area of the
restriction and tell them that if they
refuse to leave the area they will be
trespassing and could be subject to
prosecution.
(5) During times when the Installation
Commander activates any portion(s) of
the temporary restricted area defined in
paragraph (a) of this section all entry,
transit, drifting, anchoring or attaching
any object to the submerged sea-bottom
within the activated portion(s) of the
restricted area is not allowed without
the written permission of the
Installation Commander, Tyndall AFB,
Florida or his/her authorized
representative. Previously affixed
mooring balls established to support
watercraft during intense weather
conditions (i.e., tropical storms,
hurricanes, etc.) may remain within the
activated portion(s) of the restricted
area, however watercraft should not be
anchored to the mooring balls without
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the permission of the Installation
Commander, Tyndall AFB, Florida or
his/her authorized representative.
(c) Enforcement. The regulations in
this section shall be enforced by the
Installation Commander, Tyndall AFB
and/or such persons or agencies as he/
she may designate.
Dated: September 4, 2015.
Edward E. Belk, Jr.,
Chief, Operations and Regulatory Division,
Directorate of Civil Works.
[FR Doc. 2015–23030 Filed 9–11–15; 8:45 am]
BILLING CODE 3710–58–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2015–0493; FRL–9933–90–
Region 8]
Approval and Promulgation of Air
Quality Implementation Plans;
Colorado; Revisions to Common
Provisions and Regulation Number 3;
Correction
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing approval of
State Implementation Plan (SIP)
revisions submitted by the State of
Colorado on March 31, 2010, May 16,
2012, and May 13, 2013. The revisions
are to Colorado Air Quality Control
Commission (Commission) Regulation
Number 3, Parts A, B, and D and
Common Provisions Regulation. The
revisions include administrative
changes to permitting requirements for
stationary sources, updates to the fine
particulate matter less than 2.5 microns
in diameter (PM2.5) implementation
rules related to the federal New Source
Review (NSR) Program, changes to
address previous revisions to Air
Pollutant Emission Notice (APEN)
regulations that EPA disapproved or
provided comments on, revisions to
definitions, and minor editorial
changes. Also in this action, EPA is
proposing to correct a final rule
pertaining to Colorado’s SIP published
on April 24, 2014. In our April 24, 2014
action, regulatory text and
corresponding ‘‘incorporation by
reference’’ (IBR) materials were
inadvertently excluded for (1)
greenhouse gas permitting revisions to
the Common Provisions Regulation, and
(2) minor editorial changes to the
Common Provisions Regulation and
Parts A, B, and D of Regulation Number
SUMMARY:
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55055
3 (adopted October 10, 2010). This
action is being taken under section 110
of the Clean Air Act (CAA).
DATES: Written comments must be
received on or before October 14, 2015.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2015–0493, by one of the
following methods:
• https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
• Email: dobrahner.jaslyn@epa.gov.
• Fax: (303) 312–6064 (please alert
the individual listed in the FOR FURTHER
INFORMATION CONTACT if you are faxing
comments).
• Mail: Director, Air Program,
Environmental Protection Agency
(EPA), Region 8, Mail Code 8P–AR,
1595 Wynkoop Street, Denver, Colorado
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federal holidays. Special arrangements
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received will be included in the public
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E:\FR\FM\14SEP1.SGM
14SEP1
]]>Agencies
[Federal Register Volume 80, Number 177 (Monday, September 14, 2015)]
[Proposed Rules]
[Pages 55052-55055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23030]
=======================================================================
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Part 334
Gulf of Mexico, Apalachicola Bay, East Bay, St. Andrew Bay and
St. Andrew Sound at Tyndall Air Force Base, Florida; Restricted Areas
AGENCY: U.S. 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
its regulations by revising an existing restricted area regulation and
establishing a new restricted area along portions of the Tyndall Air
Force Base (AFB) facility shoreline that will be activated on a
temporary basis. The duration of temporary restricted area activations
will be limited to those periods where it is warranted or required by
specific and credible security threats and will be inactive at all
other times. The restricted area will be partitioned using 23 pairs of
coordinates to facilitate quick geographic recognition. Tyndall AFB is
surrounded on three sides by water with approximately 129 miles of
unprotected coastline. This includes several areas where the lack of
security or lack of restriction on access to these areas leaves Tyndall
AFB personnel and resources vulnerable to unauthorized activities. This
amendment is necessary to implement an enhanced threat security plan
for Tyndall AFB which will allow temporary activation of one or more
portions of the restricted area as necessary to provide the appropriate
level of security required to address the specific and credible threat
triggering
[[Page 55053]]
the need for activation. This proposal is an amended version of the
proposal published in the Federal Register on May 9, 2013 (78 FR
27126).
DATES: Written comments must be submitted on or before October 14,
2015.
ADDRESSES: You may submit comments, identified by docket number COE-
2013-0003, by any of the following methods:
Federal Rulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments.
Email: david.b.olson@usace.army.mil. Include the docket number,
COE-2013-0003, 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-2013-0003.
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 email
directly to the Corps without going through regulations.gov, your email
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 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. Edward Sarfert, U.S. Army Corps of Engineers,
Jacksonville District, Regulatory Division, Pensacola Regulatory Office
at 850-439-9533.
SUPPLEMENTARY INFORMATION:
Executive Summary
External reviews of security at Tyndall AFB identified the lack of
jurisdiction to respond to threats from the waterways as a major
weakness. Tyndall AFB does not currently have the authority to restrict
access to the shoreline of Tyndall AFB if needed to respond to a
security threat. The purpose of this regulatory action is to establish
a restricted area in the waters surrounding portions of Tyndall AFB
that would only be activated on a temporary basis in response to
specific and credible security threats. Additionally this amendment
provides an administrative correction to the existing regulation at 33
CFR 334.660.
The Corps authority to establish the restricted area is 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).
Background
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 revise the regulations at 33 CFR part 334 by establishing
a restricted area in the waters surrounding Tyndall AFB. This amendment
will allow the Installation Commander, Tyndall AFB to temporarily
restrict the passage of persons, watercraft, and vessels in waters
contiguous to this facility when a specific and credible security
threat is identified, providing greater security for personnel and
equipment during those periods. The administrative correction at 33 CFR
334.660(b)(3) will clarify who is responsible for enforcing the
provisions of Sec. 334.660.
This proposed rule replaces the proposed rule that was originally
published in the May 9, 2013, issue of the Federal Register (78 FR
27126). The Corps received many comments on that proposed rule, and
after those comments were fully considered, Tyndall AFB made
substantial changes to its request for a new restricted area. Those
changes are incorporated into this proposed rule.
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. This rule has been
reviewed under the Regulatory Flexibility Act (Pub. L. 96-354). The
Regulatory Flexibility Act generally requires an agency to prepare a
regulatory flexibility analysis of any rule subject to the notice-and-
comment rulemaking requirements under the Administrative Procedure Act
or any other statute unless the agency certifies that the rule will not
have a significant economic impact on a substantial number of small
entities (i.e., small businesses and small governments). Tyndall AFB
has approximately 129 miles of unprotected shoreline, including several
areas where the lack of security or restriction on access leaves
Tyndall AFB personnel and resources vulnerable to unauthorized
activities. Therefore, the proposed restricted area regulation is
necessary to implement an enhanced threat security plan for Tyndall AFB
which will allow for the temporary activation of one or more portions
of the restricted area as necessary to provide the appropriate level of
security required to address the specific and credible threat
triggering the need for the activation. The temporary restrictions in
the proposed rule are also necessary to protect the public from
potentially hazardous conditions that may develop as a result of
military use of the area. When the restricted area is activated, small
entities can continue to use the navigable waters surrounding Tyndall
AFB that are outside of the restricted area. After considering the
economic impacts of this proposed restricted area regulation on small
entities, I certify that this action will not have a significant impact
on a substantial number of small entities. We are interested in the
potential impacts of the proposed regulation on small entities and
welcome comments on issues related to such impacts.
[[Page 55054]]
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 regulation 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 regulation.
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
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. 334.660(b)(3) to read as follows:
Sec. 334.660 Gulf of Mexico and Apalachicola Bay south of
Apalachicola, Fla., Drone Recovery Area, Tyndall Air Force Base, Fla.
* * * * *
(b) * * *
(3) The federal regulations in this section shall be enforced by
the Installation Commander, Tyndall Air Force Base, Florida, and such
other agencies as he/she may designate.
0
3. Add Sec. 334.665 to read as follows:
Sec. 334.665 East Bay, St. Andrew Bay and St. Andrew Sound, enhanced
threat restricted area, Tyndall Air Force Base, Florida.
(a) The area. (1) The coordinates provided herein are
approximations obtained using a commercial mapping program which
utilizes Simple Cylindrical projection with a WGS84 datum for its
imagery base and imagery dated February 15 and May 3, 2014.
(2) Each portion of the temporary restricted area described in
paragraphs (a)(4)(i) through (xxiii) of this section shall encompass
all navigable waters of the United States as defined at 33 CFR part 329
within the area described and includes all contiguous inland navigable
waters which lie within the land boundaries of Tyndall AFB.
(3) Because of the dynamic nature of these geographic features near
barrier islands, the coordinate points provided may not reflect the
current situation regarding the location of a point at the mean high
water line or 500 feet waterward of the mean high water line. Even if
the landform has shifted through erosion or accretion, the intent of
the area description will be enforced from the existing point at the
mean high water line that is closest to the shoreline point provided
herein out to a point located 500 feet waterward of the mean high water
line.
(4) The restricted area will be partitioned using 23 pairs of
coordinates to facilitate quick geographic recognition. The first point
in each pair of coordinates is located on the shoreline, and the second
point is a point 500 feet waterward of the shoreline. From the first
point in each pair of coordinates, a line meanders irregularly
following the shoreline and connects to the first point in the next
pair of coordinates. From the second point in each pair of coordinates,
a line beginning 500 feet waterward of the shoreline meanders
irregularly following the shoreline at a distance of 500 feet waterward
of the shoreline and connects to the second point in the next pair of
coordinates. The restricted area shall encompass all navigable waters
of the United States as defined at 33 CFR part 329 within the area
bounded by lines connecting each of the following pairs of coordinates:
(i) Farmdale Bayou: 30[deg]1.156' N., 85[deg]26.915' W. to
30[deg]1.238' N., 85[deg]26.915' W.
(ii) Baker Bayou: 30[deg]1.325' N., 85[deg]29.008' W. to
30[deg]1.402' N., 85[deg]28.977' W.
(iii) Blind Alligator Bayou: 30[deg]2.094' N., 85[deg]29.933' W. to
30[deg]2.151' N., 85[deg]29.864' W.
(iv) Little Oyster Bay Point: 30[deg]3.071' N., 85[deg]30.629' W.
to 30[deg]3.133' N., 85[deg]30.568' W.
(v) Goose Point South: 30[deg]3.764' N., 85[deg]31.874' W. to
30[deg]3.719' N., 85[deg]31.795' W.
(vi) Goose Point North: 30[deg]4.599' N., 85[deg]31.577' W. to
30[deg] 4.650' N., 85[deg]31.503' W.
(vii) Little Cedar Lake: 30[deg]4.974' N., 85[deg]33.476' W. to
30[deg] 5.024' N., 85[deg]33.401' W.
(viii) Chatters on Bayou: 30[deg]5.729' N., 85[deg]34.632' W. to
30[deg]5.811' N., 85[deg]34.625' W.
(ix) Fred Bayou: 30[deg] 5.992' N., 85[deg]35.296' W. to
30[deg]6.071' N., 85[deg]35.325' W.
(x) Pearl Bayou: 30[deg]6.039' N., 85[deg]36.651' W. to
30[deg]6.043' N., 85[deg]36.557' W.
(xi) Military Point: 30[deg]7.394' N., 85[deg]37.153' W. to
30[deg]7.459' N., 85[deg]37.096' W.
(xii) Freshwater Bayou: 30[deg]7.425' N., 85[deg]38.655' W. to
30[deg]7.473' N., 85[deg]38.578' W.
(xiii) Smack Bayou: 30[deg]7.826' N., 85[deg]39.654' W. to
30[deg]7.838' N., 85[deg]39.560' W.
(xiv) Redfish Point: 30[deg]8.521' N., 85[deg]40.147' W. to
30[deg]8.598' N., 85[deg]40.113' W.
(xv) Davis Point: 30[deg]7.348' N., 85[deg]41.224' W. to
30[deg]7.364' N., 85[deg]41.317' W.
(xvi) Tyndall Marina: 30[deg]5.827' N., 85[deg]39.125' W. to
30[deg]5.762' N., 85[deg]39.184' W.
(xvii) Heritage Bayou: 30[deg]3.683' N., 85[deg]35.823' W. to
30[deg]3.743' N., 85[deg]35.887' W.
(xviii) NCO Beach North: 30[deg]4.209' N., 85[deg]37.430' W. to
30[deg]4.272' N., 85[deg]37.368' W. The restricted Area will end on the
west side of the land bridge that extends into Shell Island. The
Restricted Area resumes on the east side of the land bridge that
extends into St. Andrew Sound.
(xix) St. Andrew Sound west: 30[deg]1.327' N., 85[deg]33.756' W. to
30[deg]1.377' N., 85[deg]33.681' W.
(xx) St. Andrew Sound northwest: 30[deg] 1.921' N., 85[deg] 33.244'
W to 30[deg]1.869' N., 85[deg]33.317' W.
(xxi) St. Andrew Sound northeast: 30[deg]0.514' N., 85[deg]31.558'
W to 30[deg]0.452' N., 85[deg]31.619' W.
(xxii) Wild Goose Lagoon: 29[deg]59.395' N., 85[deg]30.178' W. to
29[deg]59.319' N., 85[deg]30.216' W.
(xxiii) Crooked Island North: 29[deg]59.003' N., 85[deg]30.396' W.
to 29[deg]59.082' N., 85[deg]30.371' W.
(b) The regulations. (1) Unless one or more portions of the
restricted area identified in (a)(4)(i) through (xxiii) of this section
is activated, all persons, vessels and other craft are permitted access
to all of the navigable waters described in paragraph (a) of this
section.
(2) During times when the restricted area defined in paragraphs
(a)(4)(i) through (xxiii) of this section is not active, U.S. Air Force
boat patrols may operate in the waters adjacent to Tyndall AFB's
shoreline to observe the shoreline in order to identify any threats to
the installation or personnel. U.S. Air
[[Page 55055]]
Force personnel will not have any authority to enforce federal, local
or state laws on the water.
(3) Due to the nature of security threats, restricted area
activation may occur with little advance notice. Activation will be
based on local or national intelligence information related to threats
against military installations and/or resources common to Tyndall AFB
in concert with evaluations conducted by the Tyndall AFB Threat Working
Group and upon direction of the Installation Commander, Tyndall AFB.
The Installation Commander activates only those portions of the
restricted area identified in paragraphs (a)(4)(i) through (xxiii) of
this section necessary to provide the level of security required in
response to the specific and credible threat(s) triggering the
activation. The duration of activation for any portion(s) of the
restricted area defined in paragraph (a) of this section, singularly or
in combination, will be limited to those periods where it is warranted
or required by security threats. Activated portions of the restricted
area will be reevaluated every 48 hours to determine if the threat(s)
triggering the activation or related threats warrant continued
activation. The activated portion(s) of the restricted area expire if
no reevaluation occurs or if the Installation Commander determines that
activation is no longer warranted.
(4) Public notification of a temporary restricted area activation
will be made via marine VHF broadcasts (channels 13 and 16), local
notices to mariners, local news media through Air Force Public Affairs
notifications and by on-scene installation personnel. On-scene
installation personnel will notify boaters in the restricted area of
the restriction and tell them that if they refuse to leave the area
they will be trespassing and could be subject to prosecution.
(5) During times when the Installation Commander activates any
portion(s) of the temporary restricted area defined in paragraph (a) of
this section all entry, transit, drifting, anchoring or attaching any
object to the submerged sea-bottom within the activated portion(s) of
the restricted area is not allowed without the written permission of
the Installation Commander, Tyndall AFB, Florida or his/her authorized
representative. Previously affixed mooring balls established to support
watercraft during intense weather conditions (i.e., tropical storms,
hurricanes, etc.) may remain within the activated portion(s) of the
restricted area, however watercraft should not be anchored to the
mooring balls without the permission of the Installation Commander,
Tyndall AFB, Florida or his/her authorized representative.
(c) Enforcement. The regulations in this section shall be enforced
by the Installation Commander, Tyndall AFB and/or such persons or
agencies as he/she may designate.
Dated: September 4, 2015.
Edward E. Belk, Jr.,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2015-23030 Filed 9-11-15; 8:45 am]
BILLING CODE 3710-58-P
