80 FR 9385 - St. Johns River, U.S. Coast Guard Station Mayport, Sector Jacksonville, Florida; Restricted Area
DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers Federal Register Volume 80, Issue 35 (February 23, 2015)
Department of the Army, Corps of Engineers
Federal Register Volume 80, Issue 35 (February 23, 2015)
| Page Range | 9385-9387 | |
| FR Document | 2015-03625 |
[Federal Register Volume 80, Number 35 (Monday, February 23, 2015)] [Rules and Regulations] [Pages 9385-9387] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-03625] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers 33 CFR Part 334 St. Johns River, U.S. Coast Guard Station Mayport, Sector Jacksonville, Florida; Restricted Area AGENCY: United States Army Corps of Engineers, DoD. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The U.S. Army Corps of Engineers (Corps) is amending its restricted area/danger zone regulations to establish a new restricted area in the waters surrounding U.S. Coast Guard Sector Jacksonville facilities at Station Mayport, Jacksonville, Florida (Station Mayport). Station Mayport is situated on the south side of the St. Johns River which, as the primary federal navigable channel entering the Port of Jacksonville, is heavily transited by commercial and recreational vessels. This United States Coast Guard (USCG) [[Page 9386]] facility maintains a high operational tempo for both routine and emergency operations. This amendment to the existing regulations is necessary to enhance the USCG's ability to counter postulated threats against their personnel, equipment, cutters and facilities by providing a stand-off buffer encompassing the waters immediately contiguous to the Station Mayport. The amendment will also serve to protect the general public from injury or property damage during routine and emergency USCG operations and provide an explosive safety arc buffer during periodic transfer of ammunitions between units, including cutters. DATES: Effective March 25, 2015. ADDRESSES: U.S. Army Corps of Engineers, Attn: CECW-CO (David B. Olson), 441 G Street NW., Washington, DC 20314-1000. FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, Operations and Regulatory Community of Practice, Washington, DC at 202- 761-4922 or Mr. Mark R. Evans, U.S. Army Corps of Engineers, Jacksonville District, Regulatory Division, at 904-232-2028. SUPPLEMENTARY INFORMATION: Pursuant to its authorities in Section 7 of the Rivers and Harbors Act of 1917 (40 Stat 266; 33 U.S.C. 1) and Chapter XIX of the Army Appropriations Act of 1919 (40 Stat 892; 33 U.S.C. 3) the Corps is amending the regulations in 33 CFR part 334 by adding Sec. 334.505 to establish a new restricted area in the waters of the St. Johns River adjacent to Station Mayport. The amendment to this regulation will allow the Commanding Officer, U.S. Coast Guard Station Mayport to restrict passage of persons, watercraft, and vessels in waters contiguous to this Command, thereby providing greater security to the personnel, equipment, cutters and facilities housed at the site. The proposed rule was published in the July 17, 2014, issue of the Federal Register (79 FR 41664), and its regulations.gov docket number is COE-2014-0009. In response to the proposed rule, one comment was provided by the Marine Chart Division, National Oceanic and Atmospheric Administration. The concern voiced pertained to the lack of information regarding what horizontal datum was associated with the latitude/ longitude coordinates used to define the restricted area. In response to the comment received, we have modified the rule text to include datum information within the body of the final rule. Procedural Requirements a. Review Under Executive Order 12866. This regulation 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). The restricted area regulations is necessary to protect USCG personnel, equipment, cutters, and facilities at Station Mayport. The restricted area is also necessary to protect the general public from injury or property damage during routine and emergency USCG operations. Small entities can continue to use the navigable waters of St. Johns River that are outside of the restricted area. After considering the economic impacts of this danger zone regulation on small entities, I certify that this action will not have a significant impact on a substantial number of small entities. c. Review Under the National Environmental Policy Act. This regulation will not have a significant impact to the quality of the human environment and, therefore, preparation of an environmental impact statement will not be required. An environmental assessment has been prepared. It may be reviewed at the district office listed at the end of FOR FURTHER INFORMATION CONTACT, above. d. Unfunded Mandates Act. This 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 amends 33 CFR part 334 as follows: PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS 0 1. The authority citation for part 334 continues to read as follows: Authority: 40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33 U.S.C. 3). 0 2. Add Sec. 334.505 to read as follows: Sec. 334.505 St. Johns River, U.S. Coast Guard Station Mayport, Sector Jacksonville, Florida; restricted area. (a) The area. The restricted area encompasses all navigable waters of the United States as defined at 33 CFR part 329, within the area bounded by a line connecting the following coordinates: Commencing from the shoreline at latitude 30[deg]23.315366' N, longitude 081[deg]26.056735' W; thence directly to latitude 30[deg]23.325775' N, longitude 081[deg]26.071548' W; thence directly to latitude 30[deg]23.266063' N, longitude 081[deg]26.132775' W; thence to latitude 30[deg]23.215082' N, longitude 081[deg]26.1287404' W; thence proceed directly to a point on the shoreline at latitude 30[deg]23.204522' N, longitude 081[deg]26.111753' W thence following the mean high water line to the point of beginning. The datum for these coordinates is WGS84. (b) The regulation. (1) The restricted area described in paragraph (a) of this section is only open to U.S. Government vessels. U.S. Government vessels include, but are not limited to, U.S. Coast Guard, U.S. Coast Guard Auxiliary, Department of Defense, National Oceanic and Atmospheric Administration, state and local law enforcement, emergency services and vessels under contract with the U.S. Government. Warning signs notifying individuals of the restricted area boundary and prohibiting all unauthorized entry into the area will be posted along the property boundary. (2) All persons, vessels and other craft are prohibited from entering, transiting, drifting, dredging or anchoring within the restricted area described in paragraph (a) of this section without prior approval from the Commanding Officer, U.S. Coast Guard Station Mayport or his/her designated representative. (3) Fishing, trawling, net-fishing and other aquatic activities are prohibited in the restricted area without prior approval from the Commanding Officer, U.S. Coast Guard Station Mayport or his/her designated representative. [[Page 9387]] (4) The restrictions described in paragraph (b) of this section are in effect 24 hours a day, 7 days a week. (c) Enforcement. The regulations in this section shall be enforced by the Commanding Officer, U.S. Coast Guard Station Mayport and/or such persons or agencies as he/she may designate. Dated: February 18, 2015. Edward E. Belk, Jr., Chief, Operations and Regulatory Division, Directorate of Civil Works. [FR Doc. 2015-03625 Filed 2-20-15; 8:45 am] BILLING CODE 3720-58-P
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Department will maintain a Web site to environmental impact statement is not zone, red flags will be raised on wooden
disseminate information about closures. required. An environmental assessment poles immediately next to the beach at
Oregon Department of Fish and has been prepared and may be reviewed the north and south boundaries of Camp
Wildlife also had concerns about at the District office listed at the end of Rilea. The red flags will remain flying
potential disturbance to sensitive the FOR FURTHER INFORMATION CONTACT while the ranges are in use. During night
wildlife species, including Steller sea section, above. weapons training activities, red lights
lions, snowy plovers, and sea turtles. d. Unfunded Mandates Act. This rule will be substituted for the flags. Closure
The use of the danger zone is not does not impose an enforceable duty announcements will be broadcast over
expected to increase impacts to any among the private sector and, therefore, marine VHF Channel 16/19. When range
wildlife. A danger zone is a buffer it is not a Federal private section training activities are completed, the red
established around a firing range for mandate and it is not subject to the flags will be removed and an
unexpected errant rounds or explosive requirements of either section 202 or announcement made over marine VHF
fragments. In addition, establishing a Section 205 of the Unfunded Mandates Channel 16/19 that restrictions are
buffer is intended to increase public Act. We have also found under Section lifted.
safety during training on the firing 203 of the Act that small governments (4) When restrictions are in force,
ranges, but is not granting permission will not be significantly and uniquely Camp Rilea will visually monitor the
for the National Guard to perform affected by this rulemaking. danger zone using radar and guards,
training. Increased activity due to the equipped with binoculars and two-way
List of Subjects in 33 CFR Part 334
danger zone determination would be radios, posted on the beach near the
limited to hanging warning flags and Danger Zones, Marine Safety, north and south boundaries of the
posting guards on the beach. This type Navigation (water), Restricted Areas, Camp. If a vessel is detected in the
of activity is entirely consistent with Waterways. danger zone, a cease fire will be called
existing activity on the beach and would For the reasons stated in the on all active weapons ranges and Camp
not increase impacts to sensitive preamble, the Corps amends 33 CFR Rilea will attempt to contact the vessel
wildlife species in the area. part 334 as follows: using marine VHF radio. Cease fire will
Procedural Requirements be maintained until the vessel leaves the
PART 334—DANGER ZONE AND
danger zone.
a. Review Under Executive Order RESTRICTED AREA REGULATIONS (c) Enforcement. The regulations in
12866. This final rule is issued with this section shall be enforced by the
respect to a military function of the ■ 1. The authority citation for 33 CFR
part 334 continues to read as follows: Commanding Officer, Camp Rilea,
Defense Department and the provisions Oregon and such agencies as he/she
of Executive Order 12866 do not apply. Authority: 40 Stat. 266 (33 U.S.C. 1) and
may designate.
b. Review Under the Regulatory 40 Stat. 892 (33 U.S.C. 3).
Flexibility Act. This rule has been Dated: February 18, 2015.
■ 2. Add § 334.1175 to read as follows: Edward E. Belk, Jr.,
reviewed under the Regulatory
Flexibility Act (Pub. L. 96–354). The § 334.1175 Pacific Ocean, at Camp Rilea, Chief, Operations and Regulatory Division,
Regulatory Flexibility Act generally Clatsop County, Oregon; Danger Zone. Directorate of Civil Works.
requires an agency to prepare a (a) The danger zone. The danger zone [FR Doc. 2015–03626 Filed 2–20–15; 8:45 am]
regulatory flexibility analysis of any rule shall encompass all navigable waters of BILLING CODE 3720–58–P
subject to the notice-and-comment the United States, as defined at 33 CFR
rulemaking requirements under the part 329, within an area bounded as
Administrative Procedure Act or any follows: Beginning at latitude DEPARTMENT OF DEFENSE
other statute unless the agency certifies 46°09′00.32″ N, longitude 123°57′52.57″
that the rule will not have a significant W; thence to latitude 46°09′00.32″ N, Department of the Army, Corps of
economic impact on a substantial longitude 124°01′03.92″ W; thence to Engineers
number of small entities (i.e., small latitude 46°05′25.38″ N, longitude
businesses and small governments). The 124°01′03.92″ W; thence to latitude 33 CFR Part 334
danger zone is necessary to protect 46°05′25.38″ N, longitude 123°56′23.19″
public safety and satisfy the Oregon St. Johns River, U.S. Coast Guard
W. The datum for these coordinates is Station Mayport, Sector Jacksonville,
National Guard’s operations WGS84.
requirements for small arms training. Florida; Restricted Area
(b) The regulations. (1) No person or
Small entities can utilize navigable vessel shall enter or remain in the AGENCY: United States Army Corps of
waters in the danger zone when the danger zone when restrictions are in Engineers, DoD.
danger zone is not activated by the force during weapons range training ACTION: Final rule.
Oregon National Guard. When the activities. At all other times, nothing in
danger zone is activated, small entities this regulation prohibits any lawful uses SUMMARY: The U.S. Army Corps of
can utilize navigable waters outside of of this area. Engineers (Corps) is amending its
the danger zone. After considering the (2) A schedule for proposed closures restricted area/danger zone regulations
economic impacts of this danger zone of the danger zone will be furnished to to establish a new restricted area in the
regulation on small entities, I certify the Coast Guard, Astoria Command waters surrounding U.S. Coast Guard
that this action will not have a Center one week in advance of range Sector Jacksonville facilities at Station
significant impact on a substantial training activities to provide local notice Mayport, Jacksonville, Florida (Station
emcdonald on DSK67QTVN1PROD with RULES
number of small entities. to mariners. Changes to the schedule Mayport). Station Mayport is situated on
c. Review Under the National made less than one week in advance of the south side of the St. Johns River
Environmental Policy Act. The Corps the event will be transmitted to the which, as the primary federal navigable
has determined that this regulation will Command Center on the day the change channel entering the Port of
not have a significant impact to the is made. Jacksonville, is heavily transited by
quality of the human environment and, (3) At least 30 minutes prior to commercial and recreational vessels.
therefore, preparation of an restricting navigation in the danger This United States Coast Guard (USCG)
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![Federal Register / Vol. 80, No. 35 / Monday, February 23, 2015 / Rules and Regulations 9387
(4) The restrictions described in Public Reading Room is (202) 566–1744, and hearing requests are provided in 40
paragraph (b) of this section are in effect and the telephone number for the OPP CFR 178.25(b).
24 hours a day, 7 days a week. Docket is (703) 305–5805. Please review In addition to filing an objection or
(c) Enforcement. The regulations in the visitor instructions and additional hearing request with the Hearing Clerk
this section shall be enforced by the information about the docket available as described in 40 CFR part 178, please
Commanding Officer, U.S. Coast Guard at http://www.epa.gov/dockets. submit a copy of the filing (excluding
Station Mayport and/or such persons or FOR FURTHER INFORMATION CONTACT:
any Confidential Business Information
agencies as he/she may designate. Robert McNally, Biopesticides and (CBI)) for inclusion in the public docket.
Dated: February 18, 2015. Pollution Prevention Division (7511P), Information not marked confidential
Office of Pesticide Programs, pursuant to 40 CFR part 2 may be
Edward E. Belk, Jr.,
Environmental Protection Agency, 1200 disclosed publicly by EPA without prior
Chief, Operations and Regulatory Division, notice. Submit the non-CBI copy of your
Directorate of Civil Works. Pennsylvania Ave. NW., Washington,
objection or hearing request, identified
[FR Doc. 2015–03625 Filed 2–20–15; 8:45 am] DC 20460–0001; main telephone
by docket ID number EPA–HQ–OPP–
BILLING CODE 3720–58–P number: (703) 305–7090; email address:
2014–0457, by one of the following
BPPDFRNotices@epa.gov.
methods:
SUPPLEMENTARY INFORMATION: • Federal eRulemaking Portal: http://
ENVIRONMENTAL PROTECTION I. General Information www.regulations.gov. Follow the online
AGENCY instructions for submitting comments.
A. Does this action apply to me? Do not submit electronically any
40 CFR Part 174 information you consider to be CBI or
You may be potentially affected by
[EPA–HQ–OPP–2014–0457; FRL–9922–53] this action if you are an agricultural other information whose disclosure is
producer, food manufacturer, or restricted by statute.
Temporary Exemption From the pesticide manufacturer. The following • Mail: OPP Docket, Environmental
Requirement of a Tolerance list of North American Industrial Protection Agency Docket Center (EPA/
Classification System (NAICS) codes is DC), (28221T), 1200 Pennsylvania Ave.
AGENCY: Environmental Protection
not intended to be exhaustive, but rather NW., Washington, DC 20460–0001.
Agency (EPA). • Hand Delivery: To make special
ACTION: Final rule. provides a guide to help readers
arrangements for hand delivery or
determine whether this document
SUMMARY: This regulation establishes a delivery of boxed information, please
applies to them. Potentially affected
temporary exemption from the follow the instructions at http://
entities may include:
www.epa.gov/dockets/contacts.html.
requirement of a tolerance for residues • Crop production (NAICS code 111). Additional instructions on
of the VNT1 protein in potato when • Animal production (NAICS code commenting or visiting the docket,
used as a plant-incorporated protectant 112). along with more information about
in accordance with the terms of • Food manufacturing (NAICS code dockets generally, is available at
Experimental Use Permit (EUP) No. 311). http://www.epa.gov/dockets.
8917–EUP–2. J.R. Simplot Company • Pesticide manufacturing (NAICS
submitted a petition to EPA under the code 32532). II. Background and Statutory Findings
Federal Food, Drug, and Cosmetic Act In the Federal Register of October 24,
(FFDCA), requesting the temporary B. How can I get electronic access to
2014 (79 FR 63594) (FRL–9916–03),
tolerance exemption. This regulation other related information?
EPA issued a document pursuant to
eliminates the need to establish a You may access a frequently updated FFDCA section 408(d)(3), 21 U.S.C.
maximum permissible level for residues electronic version of 40 CFR part 174 346a(d)(3), announcing the filing of a
of VNT1 protein in potato. The through the Government Printing pesticide tolerance petition (PP 4F8251)
temporary tolerance exemption expires Office’s e-CFR site at http:// by J.R. Simplot Company, 5369 W.
on December 31, 2015. www.ecfr.gov/cgi-bin/text- Irving St., Boise, ID 83706. In the
DATES: This regulation is effective idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ Federal Register of December 17, 2014
February 23, 2015. Objections and 40tab_02.tpl. (79 FR 75107) (FRL–9918–90), EPA
requests for hearings must be received inadvertently reannounced the filing of
on or before April 24, 2015, and must C. How can I file an objection or hearing
this same petition. The petition
be filed in accordance with the request?
requested that 40 CFR part 174 be
instructions provided in 40 CFR part Under FFDCA section 408(g), 21 amended by establishing a temporary
178 (see also Unit I.C. of the U.S.C. 346a, any person may file an exemption from the requirement of a
SUPPLEMENTARY INFORMATION). objection to any aspect of this regulation tolerance for residues of Potato Late
ADDRESSES: The docket for this action, and may also request a hearing on those Blight Resistance protein VTN1 in or on
identified by docket identification (ID) objections. You must file your objection potato. Those documents referenced a
number EPA–HQ–OPP–2014–0457, is or request a hearing on this regulation summary of the petition prepared by the
available at http://www.regulations.gov in accordance with the instructions petitioner J.R. Simplot Company, which
or at the Office of Pesticide Programs provided in 40 CFR part 178. To ensure is available in the docket, http://
Regulatory Public Docket (OPP Docket) proper receipt by EPA, you must www.regulations.gov. Comments were
in the Environmental Protection Agency identify docket ID number EPA–HQ– received, and EPA’s response to these
emcdonald on DSK67QTVN1PROD with RULES
Docket Center (EPA/DC), West William OPP–2014–0457 in the subject line on comments is discussed in Unit VII.B.
Jefferson Clinton Bldg., Rm. 3334, 1301 the first page of your submission. All Section 408(c)(2)(A)(i) of FFDCA
Constitution Ave. NW., Washington, DC objections and requests for a hearing allows EPA to establish an exemption
20460–0001. The Public Reading Room must be in writing, and must be from the requirement for a tolerance (the
is open from 8:30 a.m. to 4:30 p.m., received by the Hearing Clerk on or legal limit for a pesticide chemical
Monday through Friday, excluding legal before April 24, 2015. Addresses for residue in or on a food) only if EPA
holidays. The telephone number for the mail and hand delivery of objections determines that the exemption is ‘‘safe.’’
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Document Created: 2015-12-18 13:28:53
Document Modified: 2015-12-18 13:28:53
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective March 25, 2015. | |
| Contact | Mr. David Olson, Headquarters, Operations and Regulatory Community of Practice, Washington, DC at 202- 761-4922 or Mr. Mark R. Evans, U.S. Army Corps of Engineers, Jacksonville District, Regulatory Division, at 904-232-2028. | |
| FR Citation | 80 FR 9385 | |
| CFR Associated | Danger Zones; Navigation (water); Restricted Areas and Waterways |
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