Security Zone Regulations; Naval Air Station, Jacksonville, FL

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Jacksonville 93-115]

Security Zone Regulations; Naval Air Station, Jacksonville, FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is considering a proposal to remove an

existing security zone for the St. Johns River, Jacksonville, Florida,

and to establish a security zone for the waters surrounding Naval Air

Station (NAS) Jacksonville. The proposed change will delete an existing

security zone for the north bank of the St. Johns River at the junction

of Brills Cut Range and Broward Point Turn, locally known as Dunn Creek

Terminal. The proposal is also to establish a security zone around NAS

Jacksonville to safeguard sensitive military assets on the facility.

Entry into this zone will be prohibited, unless authorized by the

Captain of the Port.

DATES: July 18, 1994.

ADDRESSES: Comments should be mailed to Commanding Officer, Coast Guard

Marine Safety Office, 2831 Talleyrand Avenue, Jacksonville, FL 32206-

3497. The comments will be available for inspection and copying at MSO

Jacksonville, room 222. Normal office hours are between 7:30 a.m. and 4

p.m., Monday through Friday, except holidays. Comments may also be

hand-delivered to this address.

FOR FURTHER INFORMATION CONTACT:

Lieutenant A. Varamo, at Coast Guard Marine Safety Office,

Jacksonville, Florida, tel: (904) 232-2648.

SUPPLEMENTARY INFORMATION: Interested persons are invited to

participate in this rulemaking by submitting written views, data or

arguments. Persons submitting comments should include their names and

addresses, identify this notice by docket number #93-115 and the

specific section of the proposal to which their comments apply, and

give reasons for each comment. Based upon comments received, the

regulation may be changed. All comments received before the expiration

of the comment period will be considered before final action is taken

on this proposal. No public hearing is planned, but one may be held if

written requests for a hearing are received, and it is determined that

the opportunity to make oral presentations will aid the rulemaking

process.

Drafting Information

The drafters of this regulation are Lieutenant A. Varamo, project

officer for the Captain of the Port Jacksonville, and Lieutenant J.

Losego, project attorney, Seventh Coast Guard District Legal Office.

Discussion of Proposed Regulations

The proposed rule will remove an existing security zone (33 CFR

165.710) located at the junction of Brill's Cut Range and Broward Point

Turn in the St. Johns River. This zone was used to safeguard moored

Navy vessels prior to a lease arrangement with Gate properties for

berthing at Blount Island. According to the originators of the security

zone request, the zone is no longer needed for this purpose. The new

proposed security zone is to assist the Navy in preventing unauthorized

access to military assets on Naval Air Station Jacksonville. It will

also enhance the ability of the Navy to increase security for their

facility during heightened threat conditions. The security zone will

border a U.S. Navy level two restricted area which contains the

flightline, naval hospital, and other sensitive military assets. This

regulation is issued pursuant to 50 U.S.C. 191, as set out in the

authority citation for all of Part 165.

Federalism

This action has been analyzed in accordance with the principles and

criteria contained in Executive Order 12612, and it has been determined

that the proposed rulemaking does not have sufficient federalism

implications to warrant the preparation of a Federalism Assessment.

Environmental Assessment

The Coast Guard has considered the environmental impact of this

proposal consistent with section 2.B.2.c of Commandant Instruction

M16475.1B and the establishment of security zones has been determined

to be categorically excluded from further environmental documentation.

Economic Assessment and Certification

These proposed regulations are considered to be non-major under

Executive Order 12291 on Federal Regulation and nonsignificant under

the Department of Transportation regulatory policies and procedures (44

FR 11034, February 16, 1979). The economic impact of this proposal is

expected to be so minimal that a full regulatory evaluation is

unnecessary. Recreational use of the area will be affected. The

security zone will extend for only 400 feet from the shoreline.

Since the impact of this proposal is expected to be minimal, the

Coast Guard certifies that, if adopted, it will not have significant

impact on a substantial number of small entities.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation (waters), Reporting and

recordkeeping requirements, Security measures, Waterways.

Proposed Regulations

In consideration of the foregoing, the Coast Guard proposes to

amend part 165 of Title 33, Code of Federal Regulations, as follows:

PART 165--[AMENDED]

1. The authority citation for Part 165 continues to read as

follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 49 CFR 1.46 and 33 CFR

1.05-1(g), 6.04-1, 6.04-6 and 33 CFR 160.50.

Sec. 165.710 [Removed]

2. Section 165.710 is removed.

3. Section 165.709 is added to read as follows:

Sec. 165.709 St. Johns River, Jacksonville, Florida.

(a) Location. The water, land, and land and water located within

the following area is established as a security zone: beginning at the

shoreline of the St. Johns River at the northernmost property line of

Naval Air Station Jacksonville, next to Timuquana Country Club, at

30 deg.14'39.5'' N, 80 deg.40'45'' W; thence northeasterly to

30 deg.14' 42.'' N, 81 deg.40'42'' W; thence south remaining 400 feet

from the shoreline at mean high water; thence past Piney Point and

Black Point to the northern edge of Mulberry Cove Manatee refuge, 400

feet from Naval Air Station Jacksonville boat ramp, at 30 deg.13'.00''

N, 80 deg.40'23.5'' W; thence southwesterly in a straight line to

position 30 deg.12'14'' N, 81 deg.40'42'' W; thence southerly,

remaining 400' seaward of the mean high water shoreline to

30 deg.11'40'' N, 81 deg.41'15.5'' W; thence northwest to the point at

the end of the property line of Naval Air Station Jacksonville, just

north of the Buckman Bridge at position 30 deg.11'42.30'' N,

81 deg.41'23.66'' W; thence northeasterly along the mean high water

shoreline of the St. Johns River and Mulberry Cove to the point of

beginning.

(b) Regulations. In accordance with the general regulations in

Sec. 165.33, entry into this zone is prohibited unless authorized by

the Captain of the Port Jacksonville, FL. Section 165.33 also contains

other general requirements.

Dated: March 2, 1994.

D.F. Miller,

Commander, U.S. Coast Guard, Alternate Captain of the Port,

Jacksonville, FL.

[FR Doc. 94-11977 Filed 5-18-94; 8:45 am]

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