[Federal Register Volume 73, Number 182 (Thursday, September 18, 2008)]
[Rules and Regulations]
[Pages 54072-54073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21895]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


Restricted Area at Blount Island Command and Marine Corps Support 
Facility--Blount Island, Jacksonville, FL

AGENCY: United States Army Corps of Engineers, Department of Defense.

ACTION: Final rule.

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SUMMARY: The U.S. Army Corps of Engineers (Corps) is amending the 
existing regulations for a restricted area at Blount Island Command, 
located on Marine Corps Support Facility--Blount Island, Jacksonville, 
Florida. Blount Island Command is responsible for managing the United 
States Marine Corps Prepositioning Programs. Due to the importance of 
this mission, the current restricted area in this section must be 
extended due to Department of Defense (DoD) directives that require the 
implementation of specified force protection measures by all DoD 
components. This amendment to the existing regulation is necessary to 
protect U.S government personnel, equipment, and facilities from 
potential terrorist attack by providing stand-off corridors 
encompassing the waters immediately contiguous to Marine Corps Support 
Facility--Blount Island.

DATES: Effective Date: October 20, 2008.

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. Jon M. Griffin, U.S. Army Corps of Engineers, 
Jacksonville District, Regulatory Division, at 904-232-1680.

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 
modifying Sec.  334.515. The modification to the existing restricted 
area is described below.
    The proposed rule was published in the June 10, 2008, issue of the 
Federal Register (73 FR 32665), and its regulations.gov docket number 
is COE-2007-0037. No comments were received in response to the proposed 
rule.
    The amendment to this regulation will allow the Commanding Officer, 
Blount Island Command and Marine Corps Support Facility--Blount Island 
to restrict passage of persons, watercraft, and vessels in waters 
contiguous to this Command, thereby ensuring that DoD force protection 
requirements are met and antiterrorism measures are properly 
implemented as required by DoD directives.

Procedural Requirements

    a. Review Under Executive Order 12866. This rule is issued with 
respect to a military function of the Defense Department and the 
provisions of Executive Order 12866 do not apply.
    b. Review Under the Regulatory Flexibility Act. The rule has been 
reviewed under the Regulatory

[[Page 54073]]

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). The Corps determined 
that the economic impact of the amendment of this restricted area would 
have practically no impact on the public, or result in no anticipated 
navigational hazard or interference with existing waterway traffic. 
This rule will have no significant economic impact on 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 rule 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 rule.

List of Subjects in 33 CFR Part 334

    Danger zones, Navigation (water), Restricted areas, Waterways.

0
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. Revise Sec.  334.515 to read as follows:


Sec.  334.515  Blount Island Command and Marine Corps Support Facility-
Blount Island; Jacksonville, Florida restricted areas.

    (a) The areas. (1) The restricted areas shall encompass all 
navigable waters of the United States, as defined at 33 CFR 329, 
contiguous to the area identified as Blount Island Command and Marine 
Corps Support Facility-Blount Island (MCSF-BI). The three areas are 
contiguous but each area is described separately below for 
clarification.
    (2) Area 1. Commencing from the shoreline at the northwest portion 
of the facility, at latitude 30[deg]24'46.10'' N, longitude 
81[deg]32'19.01'' W, thence proceed 200 yards in a northwesterly 
direction to latitude 30[deg]24'49.84'' N, longitude 81[deg]32'23.12'' 
W. From this point the line meanders irregularly, following the 
shoreline at a distance of 200 yards from the mean high water line to a 
point at latitude 30[deg]23'36.75'' N, longitude 81[deg]30'26.42'' W, 
thence southwesterly to a point at latitude 30[deg]23'34.44'' N, 
longitude 81[deg]30'28.80'' W, thence west southwesterly to a point at 
latitude 30[deg]23'33.68'' N, longitude 81[deg]30'32.61'' W.
    (3) Area 2. This includes all waters within the area generally 
identified as the U.S. Marine Corps Slipway but which is also known as 
the Back River area and the waters out to a distance of 100 yards from 
the entranceway. From the last point identified in paragraph (a)(2) of 
this section, latitude 30[deg]23'33.68'' N, longitude 81[deg]30'32.61'' 
W, proceed west southwesterly to a point at latitude 30[deg]23'30.93'' 
N, longitude 81[deg]30'57.14'' W.
    (4) Area 3. From the last point identified in paragraph (a)(3) of 
this section, latitude 30[deg]23'30.93'' N, longitude 81[deg]30'57.14'' 
W, the line meanders irregularly in a westerly direction, following the 
shoreline at a distance of 100 yards from the mean high water line to a 
point at latitude 30[deg]23'26.34'' N, longitude 81[deg]31'49.73'' W, 
thence proceed north to terminate at a point on the shoreline at 
latitude 30[deg]23'29.34'' N, longitude 81[deg]31'49.79'' W.
    (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 Commanding Officer, Marine Corps Support 
Facility-Blount Island, Jacksonville, Florida, or his/her authorized 
representative.
    (2) The restriction noted in paragraph (b)(1) of this section is in 
effect 24 hours a day, 7 days a week.
    (3) Warning signs will be posted near the MCSF-BI shoreline 
advising boaters of the restrictions in this section.
    (c) Enforcement. (1) The regulations in this section shall be 
enforced by the Commanding Officer, Marine Corps Support Facility-
Blount Island, Jacksonville, Florida, and/or such persons or 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. The regulations in this section will be 
enforced as noted in paragraph (b) of this section, or at the 
discretion of the Commanding Officer.

    Dated: September 12, 2008.
James R. Hannon, Jr.,
Acting Chief, Operations, Directorate of Civil Works.
[FR Doc. E8-21895 Filed 9-17-08; 8:45 am]
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