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]

Download as PDF 55052 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 http:// 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 http://www.bls.gov/ors/, and on our Web site at http://www.ssa.gov/ disabilityresearch/occupational_info_systems.html. VerDate Sep<11>2014 16:52 Sep 11, 2015 Jkt 235001 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: http:// 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). PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 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: E:\FR\FM\14SEP1.SGM 14SEP1 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: http:// 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 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 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 tkelley on DSK3SPTVN1PROD with PROPOSALS ADDRESSES: VerDate Sep<11>2014 16:52 Sep 11, 2015 Jkt 235001 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. PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 55053 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. E:\FR\FM\14SEP1.SGM 14SEP1 55054 Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Proposed Rules 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: tkelley on DSK3SPTVN1PROD with PROPOSALS * § 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. VerDate Sep<11>2014 16:52 Sep 11, 2015 Jkt 235001 (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. PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 (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 E:\FR\FM\14SEP1.SGM 14SEP1 tkelley on DSK3SPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Proposed Rules 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 VerDate Sep<11>2014 16:52 Sep 11, 2015 Jkt 235001 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: PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 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: • http://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 80202–1129. • Hand Delivery: Director, Air Program, Environmental Protection Agency (EPA), Region 8, Mail Code 8P– AR, 1595 Wynkoop Street, Denver, Colorado 80202–1129. Such deliveries are only accepted Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding federal holidays. Special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R08–OAR–2015– 0493. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA, without going through www.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, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. 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.

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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: http://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 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 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