# Security Zone Regulations; Naval Air Station, Jacksonville, FL > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-11977 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** May 19, 1994 ## Text 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. ----------------------------------------------------------------------- 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] BILLING CODE 4910-14-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-11977. Public record. Not legal advice.