Restricted Areas and Danger Zones at Eglin Air Force Base, FL, 68552-68556 [E9-30659]
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Federal Register / Vol. 74, No. 247 / Monday, December 28, 2009 / Proposed Rules
adopted, will not have a significant
economic impact on a substantial
number of small entities. Rule 163 is, by
its terms, available only to WKSIs. We
believe that few, if any, small entities
will be able to meet the $700 million
non-affiliate equity market
capitalization threshold 58 or the $1
billion non-convertible securities
issuance threshold 59 to be considered
WKSIs. For this reason, the proposed
rule amendments, if adopted, should
not have a significant economic impact
on a substantial number of small
entities.
We solicit written comments
regarding this certification. We request
that commenters describe the nature of
any impact on small entities and
provide empirical data to support the
extent of the impact.
IX. Small Business Regulatory
Enforcement Fairness Act
For purposes of the Small Business
Regulatory Enforcement Fairness Act of
1996,60 a rule is ‘‘major’’ if it has
resulted, or is likely to result, in:
• An annual effect on the U.S.
economy of $100 million or more;
• A major increase in costs or prices
for consumers or individual industries;
or
• Significant adverse effects on
competition, investment, or innovation.
We request comment on whether the
proposed amendments to Rule 163(c)
would be a ‘‘major rule’’ for purposes of
the Small Business Regulatory
Enforcement Fairness Act. We solicit
comment and empirical data on: (1) The
potential effect on the U.S. economy on
an annual basis; (2) any potential
increase in costs or prices for consumers
or individual industries; and (3) any
potential effect on competition,
investment, or innovation.
X. Statutory Authority—Text of the
Proposed Amendments
We are proposing the amendments
pursuant to Sections 7, 10, 19, and 28
of the Securities Act, as amended.
List of Subjects in 17 CFR Part 230
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Reporting and recordkeeping
requirements, Securities.
58 To satisfy this threshold, the worldwide market
value of the issuer’s outstanding voting and nonvoting common equity held by non-affiliates must
be $700 million or more as of a date within 60 days
of the determination date. See Securities Act Rule
405 [17 CFR 230.405]
59 To satisfy this threshold, the issuer must have
issued for cash more than an aggregate of $1
billion in non-convertible securities, other than
common equity, through registered primary
offerings over the prior three years. See Securities
Act Rule 405 [17 CFR 230.405].
60 5 U.S.C. 801 et seq.
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For the reasons set out in the
preamble, we are proposing to amend
title 17, chapter II of the Code of Federal
Regulations as follows:
DEPARTMENT OF DEFENSE
PART 230—GENERAL RULES AND
REGULATIONS, SECURITIES ACT OF
1933
33 CFR Part 334
1. The authority citation for part 230
continues to read in part as follows:
AGENCY: United States Army Corps of
Engineers, Department of Defense.
ACTION: Notice of proposed rulemaking
and request for comments.
Authority: 15 U.S.C. 77b, 77c, 77d, 77f,
77g, 77h, 77j, 77r, 77s, 77z–3, 77sss, 78c, 78d,
78j, 78l, 78m, 78n, 78o, 78t, 78w, 78ll(d),
78mm, 79t, 80a–8, 80a–24, 80a–28, 80a–29,
80a–30, and 80a–37, unless otherwise noted.
*
*
*
*
*
2. Amend § 230.163 by revising
paragraph (c) to read as follows:
§ 230.163 Exemption from section 5(c) of
the Act for certain communications by or on
behalf of well-known seasoned issuers.
*
*
*
*
*
(c) For purposes of this section, a
communication is made by or on behalf
of an issuer if the issuer or an agent or
representative of the issuer, other than
an offering participant who is an
underwriter or dealer, authorizes or
approves the communication before it is
made. Provided, however, an offering
participant who is an underwriter or
dealer may be an agent or representative
of the issuer for purposes of this section
if:
(1) The underwriter or dealer receives
written authorization from the issuer to
act as its agent or representative prior to
making any communication in reliance
on this exemption;
(2) The issuer authorizes or approves
any written or oral communication
before it is made by an underwriter or
dealer authorized pursuant to the
provision of this section to act as agent
or representative of the issuer; and
(3) Any underwriter or dealer
authorized pursuant to the provision of
this section that has made any
communication authorized pursuant to
the provision of this section is identified
in the prospectus contained in the
registration statement or amendment
that may be filed for the offering of the
issuer’s securities related to the
communication.
*
*
*
*
*
By the Commission.
Dated: December 18, 2009.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9–30589 Filed 12–24–09; 8:45 am]
BILLING CODE 8011–01–P
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Department of the Army, Corps of
Engineers
Restricted Areas and Danger Zones at
Eglin Air Force Base, FL
SUMMARY: The U.S. Army Corps of
Engineers (Corps) is proposing to revise
several existing danger zone and
restricted area regulations and to
establish four new restricted areas
within the Eglin Air Force Base (AFB)
facilities and along the Eglin AFB
facility shoreline in Florida. The Eglin
AFB and Eglin Reservation span over
724 square miles with over 150 miles of
waterway boundary. This amendment to
the existing regulation is necessary to
update their water boundary security
plan to provide adequate protection to
Eglin personnel and resources.
DATES: Written comments must be
submitted on or before January 27, 2010.
ADDRESSES: You may submit comments,
identified by docket number COE–
2009–0056, by any of the following
methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
E-mail:
david.b.olson@usace.army.mil. Include
the docket number, COE–2009–0056, 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–2009–0056. 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
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contact information unless you provide
it in the body of your comment. If you
send an e-mail directly to the Corps
without going through regulations.gov,
your e-mail 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 https://
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. Jon M. Griffin, U.S. Army Corps of
Engineers, Jacksonville District,
Regulatory Division, at 904–232–1680.
SUPPLEMENTARY INFORMATION: Pursuant
to its authorities under 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 amend the regulations in
33 CFR part 334 by updating and
clarifying several of the existing
regulations and establishing four new
restricted areas in Florida within the
Eglin Air Force Base (AFB) facilities and
along the facility shoreline, at Eglin
Reservation. The Eglin AFB and Eglin
Reservation span over 724 square miles
with over 150 miles of waterway
boundary. This amendment to the
existing regulation is necessary to
update their water boundary security
plan to provide adequate protection to
Eglin personnel and resources by
providing the Commanding Officer,
Eglin AFB with the authority to restrict
passage of persons, watercraft and
vessels in waters contiguous to this
facility.
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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. The proposed rule has
been reviewed under the Regulatory
Flexibility Act (Pub. L. 96–354) which
requires the preparation of a regulatory
flexibility analysis for any regulation
that will have a significant economic
impact on a substantial number of small
entities (i.e., small businesses and small
governments). Unless information is
obtained to the contrary during the
comment period, the Corps expects that
the proposed rule would have
practically no economic impact on the
public, and result in no anticipated
navigational hazard or interference with
existing waterway traffic. This proposed
rule, if adopted, will have no significant
economic impact on small entities.
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 to 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
proposed rule does not contain a
Federal mandate that may result in
expenditures of $100 million or more
for State, local, and Tribal governments,
in the aggregate, or the private sector in
any one year. Therefore, this proposed
rule is not subject to the requirements
of Sections 202 and 205 of the
Unfunded Mandates Reform Act
(UMRA). The proposed rule contains no
regulatory requirements that might
significantly or uniquely affect small
governments. Therefore, the proposed
rule is not subject to the requirements
of Section 203 of UMRA.
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:
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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 § 334.700 to read as follows:
§ 334.700 Choctawhatchee Bay, aerial
gunnery ranges, Air Armament Center,
Eglin Air Force Base, Fla.
(a) The danger zones. (1) Aerial
gunnery range in west part of
Choctawhatchee Bay. The waters of
Choctawhatchee Bay within an area
bounded by a line connecting the
following coordinates, excluding that
part of the area included within the
aerial gunnery range along the north
shore of Choctawhatchee Bay as
described in paragraph (a)(2) of this
section: Commencing at the northeast
shore point at latitude 30°28′09.11″ N,
longitude 086°29′02.30″ W; thence to
latitude 30°25′30″ N, longitude
086°21′30″ W; thence to latitude
30°23′34.72″ N, longitude 086°23′00.22″
W; then following the shoreline at the
mean high water line to latitude
30°24′09.45″ N, longitude 086°25′00.08″
W; thence to the southwest shore point
at latitude 30°27′54.18″ N, longitude
086°29′18.32″ W; then following the
shoreline at the mean high waterline
easterly to point of origin.
(2) Aerial gunnery range along north
shore of Choctawhatchee Bay. The
waters of Choctawhatchee Bay within
an area bounded by a line connecting
the following coordinates: Commencing
at the northwest shore point at latitude
30°27′26″ N, longitude 086°25′30″ W;
thence to latitude 30°26′00″ N,
longitude 086°25′30″ W; thence to
latitude 30°26′57″ N, longitude
086°20′35″ W; thence to latitude
30°26′12″ N, longitude 086°20′35″ W;
thence to latitude 30°26′29″ N,
longitude 086°15′00″ W; thence to the
northeast shore point latitude
30°29′08.7″ N, longitude 086°15′00″ W;
then following the shoreline at the mean
high waterline easterly to point of
origin.
(b) The regulations. (1) Aerial gunnery
range in west part of Choctawhatchee
Bay. The aerial gunnery range in the
west part of Choctawhatchee Bay (as
described in paragraph (a)(1) of this
section) may be used by persons and
watercraft except during periods when
firing is conducted. Use of the area will
be advertised in advance by Eglin Public
Affairs. During periods of firing, traverse
of this area shall not be denied to
regular cargo-carrying or passengercarrying vessels or tows proceeding on
established routes. In case any such
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vessel is within the area, the officer in
charge of gunnery operations will cause
the cessation or postponement of fire
until the vessel has cleared that part of
the area within the range of the weapons
being used. The vessel shall proceed on
its normal course and shall not delay its
progress.
(2) Aerial gunnery range along north
shore of Choctawhatchee Bay. No
person, vessel or other craft shall enter
or remain within the aerial gunnery
range along the north shore of
Choctawhatchee Bay (as described in
paragraph (a)(2) of this section) during
times the area is active. Activation of
the area will be advertised in advance
by Eglin Public Affairs.
(c) Enforcement. (1) The regulations
in this section shall be enforced by the
Commander, 96 Air Base Wing, Eglin
AFB, and such agencies as he/she may
designate.
(2) Enforcement of the regulations in
this section will be accomplished
utilizing the Department of Defense
Force Protection Condition (FPCON)
System. From the lowest security level
to the highest, Force Protection
Conditions levels are titled Normal,
Alpha, Bravo, Charlie and Delta.
3. Revise § 334.710 to read as follows:
§ 334.710 The Narrows and Gulf of Mexico
adjacent to Santa Rosa Island,
Headquarters Air Armament Center, Eglin
Air Force Base, Fla.
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(a) The restricted area. The waters of
The Narrows and the Gulf of Mexico
easterly of the periphery of a circular
area five nautical miles in radius,
centered at latitude 30°23′10.074″ N,
longitude 086°48′25.433″ W (USC&GS
Station Tuck 3), within the segment of
a circle, three nautical miles in radius,
centered at latitude 30°24′00″ N,
longitude 086°41′47″ W.
(b) The regulations. The area will be
used intermittently during daylight
hours. During periods of use, entry into
the area will be prohibited to all persons
and navigation. Notifications will be via
Eglin water patrol and published in
local news media in advance.
(c) Enforcement. The regulations in
this section shall be enforced by the
Commander, 96 Air Base Wing, Eglin
Air Force Base, Florida, and such
agencies as he/she may designate.
4. Revise § 334.720 to read as follows:
§ 334.720 Gulf of Mexico, south from
Choctawhatchee Bay; Missile test area.
(a) The danger zone. The waters of the
Gulf of Mexico south from
Choctawhatchee Bay within an area
described as follows: Beginning at a
point five nautical miles southeasterly
from USC&GS Station Tuck 3, at
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latitude 30°23′10.074″ N, longitude
086°48′25.433″ W, three nautical miles
offshore of Santa Rosa Island; thence
easterly three nautical miles offshore
and parallel to shore, to a point south
of Apalachicola Bay, Florida at latitude
29°32′00″ N, longitude 085°00′00″ W;
thence southeasterly to latitude
29°17′30″ N, longitude 084°40′00″ W;
thence southwesterly to latitude
28°40′00″ N, longitude 084°49′00″ W;
thence southeasterly to latitude
28°10′00″ N, longitude 084°30′00″ W;
thence 270° true to longitude 086°48′00″
W; thence due north along longitude
086°48′00″ W to the intersection of the
line with a circle of five nautical miles
radius centered on USC&GS Station
Tuck 3, at latitude 30°23′10.074″ N,
longitude 086°48′25.433″ W, thence
northeasterly along the arc of the circle
to the point of beginning.
(b) The regulations. (1) The area will
be used intermittently during daylight
hours for a week or 10 days at a time.
Firing will take place once or twice a
day for periods ordinarily of not more
than one hour. Advance notice of such
firings will be published in local
newspapers.
(2) During periods of firing, passage
through the area will not be denied to
cargo-carrying or passenger-carrying
vessels or tows proceeding on
established routes. In case any such
vessel is within the danger zone, the
officer in charge of firing operations will
cause the cessation or postponement of
fire until the vessel has cleared the
portion of the danger area involved. The
entire area involved will be under
constant observation of both surface
patrol vessels and air patrol planes prior
to and during periods of firing and
notice will be given to vessels and tows
of intention to fire by buzzing low over
the vessel, upon which signal vessels
and tows shall proceed on their
established course promptly and clear
the area as soon as possible.
(3) All person and vessels, except
those identified in paragraph (b)(2) of
this section, will be warned to leave the
immediate danger area during firing
periods by surface patrol craft. Upon
being so warned, such persons and
vessels shall clear the area immediately.
Such periods normally will not exceed
two hours.
(c) Enforcement. The regulations in
this section shall be enforced by the
Commander, 96 Air Base Wing, Eglin
Field, Florida, and such agencies as he/
she may designate.
5. Revise § 334.730 to read as follows:
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§ 334.730 Waters of Santa Rosa Sound
and Gulf of Mexico adjacent to Santa Rosa
Island, Armament Center, Eglin Air Force
Base, Fla.
(a) The areas. (1) The danger zone.
Waters of Santa Rosa Sound and Gulf of
Mexico within a circle one nautical mile
in radius, centered at latitude
30°23′10.074″ N, longitude
086°48′25.433″ W (USC&GS Station
Tuck 3). The portion of the area in Santa
Rosa Sound includes the Gulf
Intracoastal Waterway between miles
209.6 and 211.4 from Harvey Lock,
Louisiana.
(2) The restricted areas. (i) Area 1.
The waters of Santa Rosa Sound and
Gulf of Mexico surrounding the danger
zone described in paragraph (a)(1) of
this section, within a circle five nautical
miles in radius centered at latitude
30°23′10.074″ N, longitude
086°48′25.433″ W (USC&GS Station
Tuck 3). The portion of the area in Santa
Rosa Sound includes the Gulf
Intracoastal Waterway between miles
334.6 and 216.4 from Harvey Lock,
Louisiana.
(ii) Area 2. Santa Rosa Island, North
Side. The restricted area shall
encompass all navigable waters of the
United States, as defined at 33 CFR 329,
within the area bounded by a line
connecting the following coordinates:
Commencing from the shoreline at
latitude 30°24′06.58″ N, longitude
086°40′25.00″ W; thence to latitude
30°24′08.08″ N, longitude 086°40′25.00″
W; then the line meanders irregularly,
following the shoreline at a distance of
150 feet seaward from the mean high
water line to a point at latitude
30°23′12.34″ N, longitude 086°50′57.62″
W, thence proceeding directly to a point
on the shoreline at latitude 30°23′10.85″
N, longitude 086°50′57.62″ W. The area
also includes all contiguous inland
navigable waters which lie within the
land boundaries of Eglin AFB.
(iii) Area 3. Choctawhatchee Bay,
North side—Hurlburt Field. The
restricted area shall encompass all
navigable waters of the United States, as
defined at 33 CFR 329, within the area
bounded by a line connecting the
following coordinates: Commencing
from the shoreline at latitude
30°24′28.30″ N, longitude 086°40′54.91″
W; thence to latitude 30°24′26.32″ N,
longitude 086°40′54.91″ W; then the line
meanders irregularly, following the
shoreline at a distance of 200 feet
seaward from the mean high water line
to a point at latitude 30°24′28.80″ N,
longitude 086°42′53.83″ W, thence
proceeding directly to a point on the
shoreline at latitude 30°24′30.79″ N,
longitude 086°42′53.83″ W.
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(b) The regulations. (1) The danger
zone. Experimental test operations will
be conducted by the U.S. Air Force
within the danger zone on an
intermittent basis. Such test operations
shall not exceed one hour, and shall not
occur more than twice weekly. During
periods when experimental test
operations are underway, no person,
vessel or other watercraft shall enter or
navigate the waters of the restricted
area.
(2) The restricted areas. (i) No person,
vessel or other watercraft shall enter the
areas identified in paragraph (a)(2) of
this section without permission of Eglin
AFB or Hurlburt Field Commander or
his/her authorized representative,
except to navigate the Gulf Intracoastal
Waterway. Such vessels and other
watercraft shall confine their
movements to the waters within the
limits of the Intracoastal Waterway and
shall make the passage as promptly as
possible under normal vessel speed.
(ii) The areas identified in paragraph
(a)(2) of this section are active 24 hours
a day, 7 days a week.
(c) Enforcement. The regulations in
this section shall be enforced by the
Commander, 96 Air Base Wing, Eglin
Air Force Base, Florida, and such
agencies as he/she may designate.
6. Revise § 334.740 to read as follows:
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§ 334.740 North Shore Choctawhatchee
Bay, Eglin Air Force Base, Fla.
(a) The area. The restricted area shall
encompass all navigable waters of the
United States, as defined at 33 CFR 329,
within the area bounded by a line
connecting the following coordinates:
Commencing from the shoreline at
latitude 30°28′59.90″ N, longitude
086°29′08.88″ W; thence to latitude
30°28′59.61″ N, longitude 086°29′01.81″
W; thence to latitude 30°29′08.01″ N,
longitude 086°28′47.78″ W; then
following the mean high water line at a
distance of 1,000 feet to a point at
latitude 30°26′48.60″ N, longitude
086°32′31.95″ W, thence proceeding
directly to a point on the shoreline at
latitude 30°26′53.58″ N, longitude
086°32′41.81″ W. The area also includes
all contiguous inland navigable waters
that lie within the land boundaries of
Eglin AFB.
(b) The regulations. (1) With the
exception of local, State, and Federal
law enforcement entities, all persons,
vessels, and other craft are prohibited
from entering, transiting, anchoring, or
drifting within the areas described in
paragraph (a) of this section for any
reason without the permission of the
Commander, 96 Air Base Wing, Eglin
AFB, and his/her authorized
representative.
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(2) The restriction in paragraph (b)(1)
of this section is in effect 24 hours a
day, 7 days a week.
(c) Enforcement. (1) The regulations
in this section shall be enforced by the
Commander, 96 Air Base Wing, Eglin
AFB, and such agencies as he/she may
designate.
(2) Enforcement of the regulations in
this section will be accomplished
utilizing the Department of Defense
Force Protection Condition (FPCON)
System. From the lowest security level
to the highest, Force Protection
Conditions levels are titled Normal,
Alpha, Bravo, Charlie and Delta.
7. Add § 334.742 to read as follows:
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on the shoreline at latitude 30°27′34.07″
N, longitude 086°34′35.67″ W.
(b) The regulations. (1) No person or
vessel shall enter the area without the
permission of the Commander, Eglin Air
Force Base, Florida, or his/her
authorized representative.
(2) The restriction in paragraph (b)(1)
of this section is in effect 24 hours a
day, 7 days a week.
(c) Enforcement. The regulations in
this section shall be enforced by the
Commander, 96 Air Base Wing, Eglin
AFB, and such agencies as he/she may
designate.
9. Add § 334.746 to read as follows:
§ 334.742 Eglin Camp Pinchot, Fla., at
Eglin Air Force Base, Fla.; Restricted Area.
§ 334.746 US Coast Guard, Destin Station
at Eglin Air Force Base, Fla.; Restricted
Area.
(a) The area. The restricted area shall
encompass all navigable waters of the
United States, as defined at 33 CFR 329,
within the area bounded by a line
connecting the following coordinates:
Commencing from the shoreline at
latitude 30°28′18.68″ N, longitude
086°35′38.66″ W; thence to latitude
30°28′20.80″ N, longitude 086°35′36.25″
W; then the line meanders irregularly,
following the shoreline at a distance of
300 feet seaward from the mean high
water line to a point at latitude
30°28′06.02″ N, longitude 086°35′39.18″
W, thence proceeding directly to a point
on the shoreline at latitude 30°28′07.47″
N, longitude 086°35′42.17″ W.
(b) The regulations. (1) No person or
vessel shall enter the area without the
permission of the Commander, Eglin Air
Force Base, Florida, or his/her
authorized representative.
(2) The restriction in paragraph (b)(1)
of this section is in effect 24 hours a
day, 7 days a week.
(c) Enforcement. The regulations in
this section shall be enforced by the
Commander, 96 Air Base Wing, Eglin
AFB, and such agencies as he/she may
designate.
8. Add § 334.744 to read as follows:
§ 334.748 Wynnhaven Beach, Fla., at Eglin
AFB; Restricted Area.
§ 334.744 Eglin Poquito Housing at Eglin
Air Force Base, Fla.; Restricted Area.
(a) The area. The restricted area shall
encompass all navigable waters of the
United States, as defined at 33 CFR 329,
within the area bounded by a line
connecting the following coordinates:
Commencing from the shoreline at
latitude 30°27′11.68″ N, longitude
086°34′32.87″ W; thence to latitude
30°27′11.86″ N, longitude 086°34′34.59″
W; then the line meanders irregularly,
following the shoreline at a distance of
150 feet seaward from the mean high
water line to a point at latitude
30°27′31.25″ N, longitude 086°34′38.56″
W, thence proceeding directly to a point
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
(a) The area. The restricted area shall
encompass all navigable waters of the
United States, as defined at 33 CFR 329,
within the area bounded by a line
connecting the following coordinates:
Commencing from the shoreline at
latitude 30°23′33.45″ N, longitude
86°31′37.51″ W; thence to latitude
30°23′35.67″ N, longitude 86°31′37.31″
W; thence to latitude 30°23′33.68″ N,
longitude 86°31′30.98″ W; thence to
latitude 30°23′32.00″ N, longitude
86°31′28.80″ W; thence proceeding
directly to a point on the shoreline at
latitude 30°23′30.14″ N, longitude
86°31′30.21″ W.
(b) The regulations. (1) No person or
vessel shall enter the area without the
permission of the Commander, U.S.
Coast Guard, Destin Station, Florida, or
his/her authorized representative.
(2) The restriction in paragraph (b)(1)
of this section is in effect 24 hours a
day, 7 days a week.
(c) Enforcement. The regulations in
this section shall be enforced by the
Commander, U.S. Coast Guard, Destin
Station, and such agencies as he/she
may designate.
10. Add § 334.748 to read as follows:
(a) The area. The restricted area shall
encompass all navigable waters of the
United States, as defined at 33 CFR 329,
within the area bounded by a line
connecting the following coordinates:
Commencing from the shoreline at
latitude 30°24′35.06″ N, longitude
086°46′20.31″ W; thence to latitude
30°24′33.57″ N, longitude 086°46′20.31″
W; then the line meanders irregularly,
following the shoreline at a distance of
150 feet seaward from the mean high
water line to a point at latitude
30°24′34.81″ N, longitude 086°46′09.19″
W, thence proceeding directly to a point
on the shoreline at latitude 30°24′36.30″
N, longitude 086°46′09.19″ W.
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Federal Register / Vol. 74, No. 247 / Monday, December 28, 2009 / Proposed Rules
(b) The regulations. (1) No person or
vessel shall enter the area without the
permission of the Commander, Eglin Air
Force Base, Florida, or his/her
authorized representative.
(2) The restriction in paragraph (b)(1)
of this section is in effect 24 hours a
day, 7 days a week.
(c) Enforcement. The regulations in
this section shall be enforced by the
Commander, 96 Air Base Wing, Eglin
AFB, and such agencies as he/she may
designate.
§ 334.750
[Removed]
11. Remove § 334.750.
Dated: December 17, 2009.
Michael G. Ensch,
Chief, Operations, Directorate of Civil Works.
[FR Doc. E9–30659 Filed 12–24–09; 8:45 am]
BILLING CODE 3720–58–P
POSTAL REGULATORY COMMISSION
39 CFR Part 3050
[Docket No. RM2010–6; Order No. 363]
Periodic Reporting
Postal Regulatory Commission.
Proposed rule; notice of
availability of rulemaking petition.
AGENCY:
erowe on DSK5CLS3C1PROD with PROPOSALS-1
ACTION:
SUMMARY: The Postal Service has
proposed adjustments to the
methodology of a key element in the
Periodicals cost model. If adopted, the
adjustments could affect the price of
postage for periodical publications. The
Commission is establishing a docket to
consider this proposal and invites
public comment.
DATES: Comments are due: January 11,
2010.
ADDRESSES: Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Commenters who cannot
file submit their views electronically
should contact the person identified in
‘‘FOR FURTHER INFORMATION
CONTACT’’ by telephone for advice on
alternatives to electronic filing.
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
at 202–789–6824 or
stephen.sharfman@prc.gov.
SUPPLEMENTARY INFORMATION: On
December 11, 2009, the Postal Service
filed a petition to initiate an informal
rulemaking proceeding to consider
changes in the methods approved for
use in periodic reporting.1 Proposal
1 Petition of the United States Postal Service
Requesting Initiation of a Proceeding to Consider a
Proposed Change in Analytic Principles (Proposal
Twenty-nine), December 11, 2009 (Petition).
VerDate Nov<24>2008
10:45 Dec 24, 2009
Jkt 220001
Twenty-Nine is part of a developing
methodology for estimating the ratio of
machine-sorted flats (automated or
mechanical) to total sorted flats in the
Incoming Secondary operation. The
Postal Service refers to this as the ‘‘InPlant IS Coverage Factor.’’ It is a key
element in the Postal Service’s
Periodicals cost model. The In-Plant IS
Coverage Factor is currently an input
into the calculation of the Auto/Mech
Factor. The Auto/Mech factor represents
the percent of Periodicals that arrive at
plants with mechanized sorting
equipment that receive a mechanized
incoming secondary sort. The
percentage of Periodicals that receive a
mechanized incoming secondary sort
(i.e. the In-Plant IS Coverage Factor)
depends on two things: the percentage
of Periodicals volume arriving at plants
with mechanized flat sorting equipment
(also referred to as the Mechanized
Coverage Factor), and the percentage of
Periodicals that receive a mechanized
incoming secondary sort once they
arrive at a plant with mechanized flat
sorting equipment. (Some flats will be
rejected by the flat sorting machine
within the plant.) In mathematical
terms, the In-Plant IS Coverage Factor is
the product of the Auto/Mech Factor
and the Mechanized Coverage Factor.
As part of the changes made prior to
the FY 2008 Annual Compliance Report
(ACR), the Commission approved the
use of MODS and RPW data to directly
calculate the In-Plant IS Coverage
Factor.2 The previous method assumed
that the Auto/Mech factor was 85
percent. The Mechanized Coverage
Factor had previously been updated in
Docket No. R2006–1. In Docket No.
RM2009–1, the Commission considered
the Postal Service’s proposal to directly
calculate the In-Plant IS Coverage Factor
as the ratio of non-carrier route flats
sorted on mechanized sorting
equipment and recorded in MODS
reports and the volume of non-carrier
route flats recorded in the RPW. The
Commission approved the modification,
but noted that the directly measured InPlant IS Factor ‘‘is an imperfect proxy
for the mechanization rate for the
incoming secondary flat bundle sorting
operation.’’3
In its FY 2008 ACR, the Postal Service
estimated the In-Plant IS Coverage
Factor using the newly approved
2 See Docket No. RM2009–1, Petition of the
United States Postal Service Requesting Initiation of
a Proceeding to Consider Further Proposed
Methodology Changes for the FY 2008 ACR,
Proposal Twelve, November 4, 2008.
3 See Docket No. RM2009–1, PRC Order No. 170,
Order Concerning Costing Methods Used in
Periodic Reporting (Proposal Twelve), January 12,
2009, at 14.
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
method, and also re-ordered the
mathematical relation between the InPlant IS Coverage Factor, the
Mechanized Coverage Factor, and the
Auto/Mech Factor. Doing this resulted
in a value for the Auto/Mech Factor of
approximately 99 percent. The
Commission rejected this derived Auto/
Mech Factor. It viewed the formula
revision which produced this result as
an unapproved methodology change. It
was also concerned that the very high
derived value of the Auto/Mech Factor
indicated that the use of this revised
formula could easily produce the
illogical conclusion that more than 100
percent of flats arrived at plants with
mechanized sorting equipment. See
FY2008 Annual Compliance
Determination, at 55–56.
This year, in anticipation of the FY
2009 ACR, the Postal Service proposed
to again calculate the In-Plant IS
Coverage Factor using MODS and RPW
data, but promised to take remedial
steps if the resulting coverage factor was
too close to 100 percent.4 The
Commission approved that modification
but recommended that the Postal
Service consider revising it in certain
respects to avoid an estimate that is
unrealistically high.5 Meanwhile, the
Postal Service filed a proposal to use
data from somewhat different sources to
calculate the Mechanized Coverage
Factor.6 That proposal is still pending
Commission approval.
In Proposal Twenty-Nine in the
instant docket, the Postal Service
recognizes that its current method for
calculating an Auto/Mech factor for
sorting flats when applied to FY 2009
data produces results that are
unreasonably close to 100 percent. It
ascribes this, in large part, to the
growing volume of ‘‘fletters,’’ i.e., ‘‘slimjim’’ sized letters. These are designed to
take advantage of favorable letter rates.
The Postal Service says that they are
difficult to process on letter-sorting
equipment, and, therefore, end up with
increasing frequency being diverted to
flat sorting equipment. It asserts that
fletters raise the Total Piece Handling
(TPH) counts of mail representing
4 Docket No. RM2009–10, Petition of the United
States Postal Service Requesting Initiation of a
Proceeding to Consider Proposed Changes in
Analytic Principles (Proposals Three -Nineteen),
July 28, 2009, Proposal Twelve, at 3.
5 See Docket No. RM2009–10, PRC Order No. 339,
Order on Analytical Principles Used in Periodic
Reporting (Proposals Three Through Nineteen),
November 13, 200, at 35.
6 See Docket No. RM2010–4, Petition of the
United States Postal Service Requesting Initiation of
a Proceeding to Consider Proposed Changes in
Analytic Principles (Proposals Twenty-TwoTwenty-Five), October 23, 2009, Proposal Twenty
Five, Modification 1.
E:\FR\FM\28DEP1.SGM
28DEP1
]]>Agencies
[Federal Register Volume 74, Number 247 (Monday, December 28, 2009)]
[Proposed Rules]
[Pages 68552-68556]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30659]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Part 334
Restricted Areas and Danger Zones at Eglin Air Force Base, FL
AGENCY: United States 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
revise several existing danger zone and restricted area regulations and
to establish four new restricted areas within the Eglin Air Force Base
(AFB) facilities and along the Eglin AFB facility shoreline in Florida.
The Eglin AFB and Eglin Reservation span over 724 square miles with
over 150 miles of waterway boundary. This amendment to the existing
regulation is necessary to update their water boundary security plan to
provide adequate protection to Eglin personnel and resources.
DATES: Written comments must be submitted on or before January 27,
2010.
ADDRESSES: You may submit comments, identified by docket number COE-
2009-0056, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: david.b.olson@usace.army.mil. Include the docket number,
COE-2009-0056, 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-2009-0056.
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
e-mail. The regulations.gov Web site is an anonymous access system,
which means we will not know your identity or
[[Page 68553]]
contact information unless you provide it in the body of your comment.
If you send an e-mail directly to the Corps without going through
regulations.gov, your e-mail 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 https://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. Jon M. Griffin, U.S. Army Corps of Engineers,
Jacksonville District, Regulatory Division, at 904-232-1680.
SUPPLEMENTARY INFORMATION: Pursuant to its authorities under 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 amend the regulations in 33 CFR
part 334 by updating and clarifying several of the existing regulations
and establishing four new restricted areas in Florida within the Eglin
Air Force Base (AFB) facilities and along the facility shoreline, at
Eglin Reservation. The Eglin AFB and Eglin Reservation span over 724
square miles with over 150 miles of waterway boundary. This amendment
to the existing regulation is necessary to update their water boundary
security plan to provide adequate protection to Eglin personnel and
resources by providing the Commanding Officer, Eglin AFB with the
authority to restrict passage of persons, watercraft and vessels in
waters contiguous to this facility.
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. The proposed rule
has been reviewed under the Regulatory Flexibility Act (Pub. L. 96-354)
which requires the preparation of a regulatory flexibility analysis for
any regulation that will have a significant economic impact on a
substantial number of small entities (i.e., small businesses and small
governments). Unless information is obtained to the contrary during the
comment period, the Corps expects that the proposed rule would have
practically no economic impact on the public, and result in no
anticipated navigational hazard or interference with existing waterway
traffic. This proposed rule, if adopted, will have no significant
economic impact on small entities.
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 to 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 proposed rule does not contain a
Federal mandate that may result in expenditures of $100 million or more
for State, local, and Tribal governments, in the aggregate, or the
private sector in any one year. Therefore, this proposed rule is not
subject to the requirements of Sections 202 and 205 of the Unfunded
Mandates Reform Act (UMRA). The proposed rule contains no regulatory
requirements that might significantly or uniquely affect small
governments. Therefore, the proposed rule is not subject to the
requirements of Section 203 of UMRA.
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 Sec. 334.700 to read as follows:
Sec. 334.700 Choctawhatchee Bay, aerial gunnery ranges, Air Armament
Center, Eglin Air Force Base, Fla.
(a) The danger zones. (1) Aerial gunnery range in west part of
Choctawhatchee Bay. The waters of Choctawhatchee Bay within an area
bounded by a line connecting the following coordinates, excluding that
part of the area included within the aerial gunnery range along the
north shore of Choctawhatchee Bay as described in paragraph (a)(2) of
this section: Commencing at the northeast shore point at latitude
30[deg]28'09.11'' N, longitude 086[deg]29'02.30'' W; thence to latitude
30[deg]25'30'' N, longitude 086[deg]21'30'' W; thence to latitude
30[deg]23'34.72'' N, longitude 086[deg]23'00.22'' W; then following the
shoreline at the mean high water line to latitude 30[deg]24'09.45'' N,
longitude 086[deg]25'00.08'' W; thence to the southwest shore point at
latitude 30[deg]27'54.18'' N, longitude 086[deg]29'18.32'' W; then
following the shoreline at the mean high waterline easterly to point of
origin.
(2) Aerial gunnery range along north shore of Choctawhatchee Bay.
The waters of Choctawhatchee Bay within an area bounded by a line
connecting the following coordinates: Commencing at the northwest shore
point at latitude 30[deg]27'26'' N, longitude 086[deg]25'30'' W; thence
to latitude 30[deg]26'00'' N, longitude 086[deg]25'30'' W; thence to
latitude 30[deg]26'57'' N, longitude 086[deg]20'35'' W; thence to
latitude 30[deg]26'12'' N, longitude 086[deg]20'35'' W; thence to
latitude 30[deg]26'29'' N, longitude 086[deg]15'00'' W; thence to the
northeast shore point latitude 30[deg]29'08.7'' N, longitude
086[deg]15'00'' W; then following the shoreline at the mean high
waterline easterly to point of origin.
(b) The regulations. (1) Aerial gunnery range in west part of
Choctawhatchee Bay. The aerial gunnery range in the west part of
Choctawhatchee Bay (as described in paragraph (a)(1) of this section)
may be used by persons and watercraft except during periods when firing
is conducted. Use of the area will be advertised in advance by Eglin
Public Affairs. During periods of firing, traverse of this area shall
not be denied to regular cargo-carrying or passenger-carrying vessels
or tows proceeding on established routes. In case any such
[[Page 68554]]
vessel is within the area, the officer in charge of gunnery operations
will cause the cessation or postponement of fire until the vessel has
cleared that part of the area within the range of the weapons being
used. The vessel shall proceed on its normal course and shall not delay
its progress.
(2) Aerial gunnery range along north shore of Choctawhatchee Bay.
No person, vessel or other craft shall enter or remain within the
aerial gunnery range along the north shore of Choctawhatchee Bay (as
described in paragraph (a)(2) of this section) during times the area is
active. Activation of the area will be advertised in advance by Eglin
Public Affairs.
(c) Enforcement. (1) The regulations in this section shall be
enforced by the Commander, 96 Air Base Wing, Eglin AFB, and such
agencies as he/she may designate.
(2) Enforcement of the regulations in this section will be
accomplished utilizing the Department of Defense Force Protection
Condition (FPCON) System. From the lowest security level to the
highest, Force Protection Conditions levels are titled Normal, Alpha,
Bravo, Charlie and Delta.
3. Revise Sec. 334.710 to read as follows:
Sec. 334.710 The Narrows and Gulf of Mexico adjacent to Santa Rosa
Island, Headquarters Air Armament Center, Eglin Air Force Base, Fla.
(a) The restricted area. The waters of The Narrows and the Gulf of
Mexico easterly of the periphery of a circular area five nautical miles
in radius, centered at latitude 30[deg]23'10.074'' N, longitude
086[deg]48'25.433'' W (USC&GS Station Tuck 3), within the segment of a
circle, three nautical miles in radius, centered at latitude
30[deg]24'00'' N, longitude 086[deg]41'47'' W.
(b) The regulations. The area will be used intermittently during
daylight hours. During periods of use, entry into the area will be
prohibited to all persons and navigation. Notifications will be via
Eglin water patrol and published in local news media in advance.
(c) Enforcement. The regulations in this section shall be enforced
by the Commander, 96 Air Base Wing, Eglin Air Force Base, Florida, and
such agencies as he/she may designate.
4. Revise Sec. 334.720 to read as follows:
Sec. 334.720 Gulf of Mexico, south from Choctawhatchee Bay; Missile
test area.
(a) The danger zone. The waters of the Gulf of Mexico south from
Choctawhatchee Bay within an area described as follows: Beginning at a
point five nautical miles southeasterly from USC&GS Station Tuck 3, at
latitude 30[deg]23'10.074'' N, longitude 086[deg]48'25.433'' W, three
nautical miles offshore of Santa Rosa Island; thence easterly three
nautical miles offshore and parallel to shore, to a point south of
Apalachicola Bay, Florida at latitude 29[deg]32'00'' N, longitude
085[deg]00'00'' W; thence southeasterly to latitude 29[deg]17'30'' N,
longitude 084[deg]40'00'' W; thence southwesterly to latitude
28[deg]40'00'' N, longitude 084[deg]49'00'' W; thence southeasterly to
latitude 28[deg]10'00'' N, longitude 084[deg]30'00'' W; thence 270[deg]
true to longitude 086[deg]48'00'' W; thence due north along longitude
086[deg]48'00'' W to the intersection of the line with a circle of five
nautical miles radius centered on USC&GS Station Tuck 3, at latitude
30[deg]23'10.074'' N, longitude 086[deg]48'25.433'' W, thence
northeasterly along the arc of the circle to the point of beginning.
(b) The regulations. (1) The area will be used intermittently
during daylight hours for a week or 10 days at a time. Firing will take
place once or twice a day for periods ordinarily of not more than one
hour. Advance notice of such firings will be published in local
newspapers.
(2) During periods of firing, passage through the area will not be
denied to cargo-carrying or passenger-carrying vessels or tows
proceeding on established routes. In case any such vessel is within the
danger zone, the officer in charge of firing operations will cause the
cessation or postponement of fire until the vessel has cleared the
portion of the danger area involved. The entire area involved will be
under constant observation of both surface patrol vessels and air
patrol planes prior to and during periods of firing and notice will be
given to vessels and tows of intention to fire by buzzing low over the
vessel, upon which signal vessels and tows shall proceed on their
established course promptly and clear the area as soon as possible.
(3) All person and vessels, except those identified in paragraph
(b)(2) of this section, will be warned to leave the immediate danger
area during firing periods by surface patrol craft. Upon being so
warned, such persons and vessels shall clear the area immediately. Such
periods normally will not exceed two hours.
(c) Enforcement. The regulations in this section shall be enforced
by the Commander, 96 Air Base Wing, Eglin Field, Florida, and such
agencies as he/she may designate.
5. Revise Sec. 334.730 to read as follows:
Sec. 334.730 Waters of Santa Rosa Sound and Gulf of Mexico adjacent
to Santa Rosa Island, Armament Center, Eglin Air Force Base, Fla.
(a) The areas. (1) The danger zone. Waters of Santa Rosa Sound and
Gulf of Mexico within a circle one nautical mile in radius, centered at
latitude 30[deg]23'10.074'' N, longitude 086[deg]48'25.433'' W (USC&GS
Station Tuck 3). The portion of the area in Santa Rosa Sound includes
the Gulf Intracoastal Waterway between miles 209.6 and 211.4 from
Harvey Lock, Louisiana.
(2) The restricted areas. (i) Area 1. The waters of Santa Rosa
Sound and Gulf of Mexico surrounding the danger zone described in
paragraph (a)(1) of this section, within a circle five nautical miles
in radius centered at latitude 30[deg]23'10.074'' N, longitude
086[deg]48'25.433'' W (USC&GS Station Tuck 3). The portion of the area
in Santa Rosa Sound includes the Gulf Intracoastal Waterway between
miles 334.6 and 216.4 from Harvey Lock, Louisiana.
(ii) Area 2. Santa Rosa Island, North Side. The restricted area
shall encompass all navigable waters of the United States, as defined
at 33 CFR 329, within the area bounded by a line connecting the
following coordinates: Commencing from the shoreline at latitude
30[deg]24'06.58'' N, longitude 086[deg]40'25.00'' W; thence to latitude
30[deg]24'08.08'' N, longitude 086[deg]40'25.00'' W; then the line
meanders irregularly, following the shoreline at a distance of 150 feet
seaward from the mean high water line to a point at latitude
30[deg]23'12.34'' N, longitude 086[deg]50'57.62'' W, thence proceeding
directly to a point on the shoreline at latitude 30[deg]23'10.85'' N,
longitude 086[deg]50'57.62'' W. The area also includes all contiguous
inland navigable waters which lie within the land boundaries of Eglin
AFB.
(iii) Area 3. Choctawhatchee Bay, North side--Hurlburt Field. The
restricted area shall encompass all navigable waters of the United
States, as defined at 33 CFR 329, within the area bounded by a line
connecting the following coordinates: Commencing from the shoreline at
latitude 30[deg]24'28.30'' N, longitude 086[deg]40'54.91'' W; thence to
latitude 30[deg]24'26.32'' N, longitude 086[deg]40'54.91'' W; then the
line meanders irregularly, following the shoreline at a distance of 200
feet seaward from the mean high water line to a point at latitude
30[deg]24'28.80'' N, longitude 086[deg]42'53.83'' W, thence proceeding
directly to a point on the shoreline at latitude 30[deg]24'30.79'' N,
longitude 086[deg]42'53.83'' W.
[[Page 68555]]
(b) The regulations. (1) The danger zone. Experimental test
operations will be conducted by the U.S. Air Force within the danger
zone on an intermittent basis. Such test operations shall not exceed
one hour, and shall not occur more than twice weekly. During periods
when experimental test operations are underway, no person, vessel or
other watercraft shall enter or navigate the waters of the restricted
area.
(2) The restricted areas. (i) No person, vessel or other watercraft
shall enter the areas identified in paragraph (a)(2) of this section
without permission of Eglin AFB or Hurlburt Field Commander or his/her
authorized representative, except to navigate the Gulf Intracoastal
Waterway. Such vessels and other watercraft shall confine their
movements to the waters within the limits of the Intracoastal Waterway
and shall make the passage as promptly as possible under normal vessel
speed.
(ii) The areas identified in paragraph (a)(2) of this section are
active 24 hours a day, 7 days a week.
(c) Enforcement. The regulations in this section shall be enforced
by the Commander, 96 Air Base Wing, Eglin Air Force Base, Florida, and
such agencies as he/she may designate.
6. Revise Sec. 334.740 to read as follows:
Sec. 334.740 North Shore Choctawhatchee Bay, Eglin Air Force Base,
Fla.
(a) The area. The restricted area shall encompass all navigable
waters of the United States, as defined at 33 CFR 329, within the area
bounded by a line connecting the following coordinates: Commencing from
the shoreline at latitude 30[deg]28'59.90'' N, longitude
086[deg]29'08.88'' W; thence to latitude 30[deg]28'59.61'' N, longitude
086[deg]29'01.81'' W; thence to latitude 30[deg]29'08.01'' N, longitude
086[deg]28'47.78'' W; then following the mean high water line at a
distance of 1,000 feet to a point at latitude 30[deg]26'48.60'' N,
longitude 086[deg]32'31.95'' W, thence proceeding directly to a point
on the shoreline at latitude 30[deg]26'53.58'' N, longitude
086[deg]32'41.81'' W. The area also includes all contiguous inland
navigable waters that lie within the land boundaries of Eglin AFB.
(b) The regulations. (1) With the exception of local, State, and
Federal law enforcement entities, all persons, vessels, and other craft
are prohibited from entering, transiting, anchoring, or drifting within
the areas described in paragraph (a) of this section for any reason
without the permission of the Commander, 96 Air Base Wing, Eglin AFB,
and his/her authorized representative.
(2) The restriction in paragraph (b)(1) of this section is in
effect 24 hours a day, 7 days a week.
(c) Enforcement. (1) The regulations in this section shall be
enforced by the Commander, 96 Air Base Wing, Eglin AFB, and such
agencies as he/she may designate.
(2) Enforcement of the regulations in this section will be
accomplished utilizing the Department of Defense Force Protection
Condition (FPCON) System. From the lowest security level to the
highest, Force Protection Conditions levels are titled Normal, Alpha,
Bravo, Charlie and Delta.
7. Add Sec. 334.742 to read as follows:
Sec. 334.742 Eglin Camp Pinchot, Fla., at Eglin Air Force Base, Fla.;
Restricted Area.
(a) The area. The restricted area shall encompass all navigable
waters of the United States, as defined at 33 CFR 329, within the area
bounded by a line connecting the following coordinates: Commencing from
the shoreline at latitude 30[deg]28'18.68'' N, longitude
086[deg]35'38.66'' W; thence to latitude 30[deg]28'20.80'' N, longitude
086[deg]35'36.25'' W; then the line meanders irregularly, following the
shoreline at a distance of 300 feet seaward from the mean high water
line to a point at latitude 30[deg]28'06.02'' N, longitude
086[deg]35'39.18'' W, thence proceeding directly to a point on the
shoreline at latitude 30[deg]28'07.47'' N, longitude 086[deg]35'42.17''
W.
(b) The regulations. (1) No person or vessel shall enter the area
without the permission of the Commander, Eglin Air Force Base, Florida,
or his/her authorized representative.
(2) The restriction in paragraph (b)(1) of this section is in
effect 24 hours a day, 7 days a week.
(c) Enforcement. The regulations in this section shall be enforced
by the Commander, 96 Air Base Wing, Eglin AFB, and such agencies as he/
she may designate.
8. Add Sec. 334.744 to read as follows:
Sec. 334.744 Eglin Poquito Housing at Eglin Air Force Base, Fla.;
Restricted Area.
(a) The area. The restricted area shall encompass all navigable
waters of the United States, as defined at 33 CFR 329, within the area
bounded by a line connecting the following coordinates: Commencing from
the shoreline at latitude 30[deg]27'11.68'' N, longitude
086[deg]34'32.87'' W; thence to latitude 30[deg]27'11.86'' N, longitude
086[deg]34'34.59'' W; then the line meanders irregularly, following the
shoreline at a distance of 150 feet seaward from the mean high water
line to a point at latitude 30[deg]27'31.25'' N, longitude
086[deg]34'38.56'' W, thence proceeding directly to a point on the
shoreline at latitude 30[deg]27'34.07'' N, longitude 086[deg]34'35.67''
W.
(b) The regulations. (1) No person or vessel shall enter the area
without the permission of the Commander, Eglin Air Force Base, Florida,
or his/her authorized representative.
(2) The restriction in paragraph (b)(1) of this section is in
effect 24 hours a day, 7 days a week.
(c) Enforcement. The regulations in this section shall be enforced
by the Commander, 96 Air Base Wing, Eglin AFB, and such agencies as he/
she may designate.
9. Add Sec. 334.746 to read as follows:
Sec. 334.746 US Coast Guard, Destin Station at Eglin Air Force Base,
Fla.; Restricted Area.
(a) The area. The restricted area shall encompass all navigable
waters of the United States, as defined at 33 CFR 329, within the area
bounded by a line connecting the following coordinates: Commencing from
the shoreline at latitude 30[deg]23'33.45'' N, longitude
86[deg]31'37.51'' W; thence to latitude 30[deg]23'35.67'' N, longitude
86[deg]31'37.31'' W; thence to latitude 30[deg]23'33.68'' N, longitude
86[deg]31'30.98'' W; thence to latitude 30[deg]23'32.00'' N, longitude
86[deg]31'28.80'' W; thence proceeding directly to a point on the
shoreline at latitude 30[deg]23'30.14'' N, longitude 86[deg]31'30.21''
W.
(b) The regulations. (1) No person or vessel shall enter the area
without the permission of the Commander, U.S. Coast Guard, Destin
Station, Florida, or his/her authorized representative.
(2) The restriction in paragraph (b)(1) of this section is in
effect 24 hours a day, 7 days a week.
(c) Enforcement. The regulations in this section shall be enforced
by the Commander, U.S. Coast Guard, Destin Station, and such agencies
as he/she may designate.
10. Add Sec. 334.748 to read as follows:
Sec. 334.748 Wynnhaven Beach, Fla., at Eglin AFB; Restricted Area.
(a) The area. The restricted area shall encompass all navigable
waters of the United States, as defined at 33 CFR 329, within the area
bounded by a line connecting the following coordinates: Commencing from
the shoreline at latitude 30[deg]24'35.06'' N, longitude
086[deg]46'20.31'' W; thence to latitude 30[deg]24'33.57'' N, longitude
086[deg]46'20.31'' W; then the line meanders irregularly, following the
shoreline at a distance of 150 feet seaward from the mean high water
line to a point at latitude 30[deg]24'34.81'' N, longitude
086[deg]46'09.19'' W, thence proceeding directly to a point on the
shoreline at latitude 30[deg]24'36.30'' N, longitude 086[deg]46'09.19''
W.
[[Page 68556]]
(b) The regulations. (1) No person or vessel shall enter the area
without the permission of the Commander, Eglin Air Force Base, Florida,
or his/her authorized representative.
(2) The restriction in paragraph (b)(1) of this section is in
effect 24 hours a day, 7 days a week.
(c) Enforcement. The regulations in this section shall be enforced
by the Commander, 96 Air Base Wing, Eglin AFB, and such agencies as he/
she may designate.
Sec. 334.750 [Removed]
11. Remove Sec. 334.750.
Dated: December 17, 2009.
Michael G. Ensch,
Chief, Operations, Directorate of Civil Works.
[FR Doc. E9-30659 Filed 12-24-09; 8:45 am]
BILLING CODE 3720-58-P
