[Federal Register Volume 74, Number 247 (Monday, December 28, 2009)]
[Proposed Rules]
[Pages 68552-68556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30659]


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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.

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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: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    E-mail: [email protected]. 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 http://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 http://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