Federal Register / Vol. 76, No. 232 / Friday, December 2, 2011 / Rules and Regulations 75453 

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: U.S. Army Corps of Engineers, 

Department of Defense 

ACTION: Final rule. 

SUMMARY: The U.S. Army Corps of 

Engineers (Corps) is amending its 

restricted area/danger zone regulations 

to update and revise several existing 

danger zone and restricted area 

descriptions and restrictions, remove 

one existing restricted area and 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 Eglin AFB water safety and 

water boundary security in order to 

provide adequate protection to Eglin 

AFB personnel and resources in concert 

with changing mission goals and multiservice/agency special testing and 

operation needs. 

DATES: Effective Date: January 3, 2012. 

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: 

Background 

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 amending the 

regulations in 33 CFR part 334 by 

revising five existing danger zone and 

restricted area descriptions and 

restrictions, removing one existing 

restricted area and establishing four new 

restricted areas. The proposed 

regulations were published in the 

December 28, 2009, issue of the Federal 

Register (74 FR 68552) and provided a 

30-day comment period. The http:// 

www.regulations.gov docket number is 

COE–2009–0056. 

General Comments and Responses 

In response to the proposed rule, 

comments were provided by eight 

individuals. Seven of the commenters 

voiced concerns ranging from the 

establishment and use of the restricted 

areas to the rulemaking process. The 

eighth commenter said they have no 

objection to the proposed regulations. 

Most of the concerns raised were 

related to the new restricted areas 

proposed at the Camp Pinchot and 

Poquito housing areas. Some of the 

comments noted a concern that the 

establishment of these restricted areas 

would lead to a loss of property rights, 

would generate navigational hazards in 

Garnier Bayou and Poquito Bayou and 

eliminate their ability to utilize the 

waterways. Additionally, statements 

were provided questioning whether or 

not the proposed restricted areas would 

really provide any security and making 

allegations as to the perceived 

underlying reason for the military’s 

request for these restricted areas. 

The regulations for restricted areas 

only apply to areas of navigable waters 

of the United States and the language in 

this final rule has been revised to clearly 

state this fact. Because the proposed 

restricted areas are situated in navigable 

waters of the United States along the 

waterfront of existing Eglin AFB 

residential areas, there will not be any 

loss of property rights to the adjacent 

landowners. Neither of these two 

proposed restricted areas includes the 

construction of any structures in 

navigable waters, so there is no 

possibility to create a navigational 

hazard within these waterways. A 

commenter suggested that the United 

States Coast Guard perform a risk 

assessment of the potential hazard to 

navigation which might be generated by 

the establishment of a restricted area in 

Poquito Bayou. Because the proposed 

restricted area does not propose any 

changes to the number, size, or location 

of any structures in the Bayou, there is 

no possibility of creating a hazard to 

navigation, therefore, a risk assessment 

is not necessary. The language used in 

the proposed rule indicated that the 

restrictions associated with these 

restricted areas would be in effect 24 

hours a day, 7 days a week and that 

entry into the restricted areas would 

require the permission of the 

Commander, Eglin AFB. These two 

statements generated the concern that 

the public would no longer be able to 

utilize any portions of these waterways 

at anytime. The language describing 

each of the restricted areas clearly 

delineates their location within the 

larger waterbody and they will be 

shown on the National Oceanic and 

Atmospheric Administration 

navigational charts. The language 

addressing utilization of the restricted 

areas was revised to note that the public 

is allowed full use of the restricted area 

as long as there are no perceived threats 

to the Eglin AFB facilities. The revised 

language also makes it clear that at low 

threat levels, anyone entering the 

restricted areas would be subject to 

identification checks by U.S. Air Force 

patrol boats. At high threat levels, entry 

into the restricted areas would require 

the permission of the Commander, Eglin 

AFB. It is not the Corps role to address 

statements pertaining to the 

effectiveness of these restricted areas. 

The Corps has the authority to issue 

these regulations in response to a 

request by the Commander of a 

Department of Defense facility, after 

soliciting public comment and 

evaluating the reasonably foreseeable 

effects on the evaluation criteria in 33 

CFR part 320, especially effects on 

navigation and the food fishing 

industry. The Commander of any 

military facility has the responsibility to 

provide appropriate protection to both 

the facility and the personnel utilizing 

the facility, and determine whether 

restricted area regulations are needed to 

help provide that protection. The 

waterfront security analysis performed 

by Eglin AFB indicated a need to 

provide a level of protection to these 

residential areas. The level of protection 

required was determined by the Eglin 

AFB security personnel. 

One commenter noted that if the 

public is going to be allowed access to 

the restricted areas and if identification 

checks are going to be required in those 

areas, that should be noted in the 

regulation. This commenter also said 

that the proposed rule was unclear as to 

the location of the restricted area in 

section 334.740. 

We have added language to the final 

rule to clarify that the public may utilize 

the restricted areas during periods of 

low threat levels and that identification 

checks may be conducted in the 

restricted area. The language describing 

the restricted area in section 334.740 

notates the beginning point, the interim 

points, and the termination point, as 

well as the distance the restricted area 

extends from the shoreline, clearly 

delineating its location within the larger 

waterbody. The boundaries of the 

restricted area will be shown on the 

National Oceanic and Atmospheric 

Administration navigational charts. 

Two commenters expressed concern 

with the process used to disseminate the 

proposed rule and to receive comments. 

The process for establishing and 


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75454 Federal Register / Vol. 76, No. 232 / Friday, December 2, 2011 / Rules and Regulations 

amending restricted area and danger 

zone regulations follows standard 

rulemaking procedures, including the 

additional procedures provided at 33 

CFR 334.4. In addition to publication of 

the proposed rule in the December 28, 

2009, issue of the Federal Register, the 

Jacksonville District issued a local 

public notice which was available on 

the Jacksonville District Regulatory 

Division web page. 

In response to the comments received, 

we have made the following changes to 

the final rule: 

We have modified the rule text to 

clarify that the danger zone and 

restricted area regulations apply only to 

navigable water of the United States, as 

defined by 33 CFR part 329. 

Section 334.700(c)(2) was reworded to 

clarify that enforcement of the 

regulations in that section would be 

accomplished in accordance with the 

active security level as defined by the 

Department of Defense Force Protection 

Condition System. 

Section 334.710(c) was rewritten by 

redesignating the proposed paragraph 

(c) as paragraph (c)(1) and adding 

paragraph (c)(2). Paragraph (c)(1) 

provides information pertaining to the 

party/ies enforcing the regulation in this 

section. Paragraph (c)(2) was added to 

clarify that enforcement of the 

regulations in this section would be 

accomplished in accordance with the 

active security level as defined by the 

Department of Defense Force Protection 

Condition System. 

Section 334.720(c) was also rewritten 

by designating proposed paragraph (c) 

as paragraph (c)(1) and adding 

paragraph (c)(2). Paragraph (c)(1) 

provides information on the party/ies 

enforcing the regulation in this section. 

Paragraph (c)(2) was added to clarify 

that enforcement of the regulations in 

this section would be accomplished in 

accordance with the active security 

level as defined by the Department of 

Defense Force Protection Condition 

System. 

In section 334.730 several changes 

were made. Paragraphs (a)(1) and 

(a)(2)(i) were modified to clarify that 

Harvey Lock, Louisiana is referenced 

because it is the ‘‘zero mile’’ location 

from which the mileage values denoted 

in the Gulf Intracoastal Waterway were 

measured. Paragraph (a)(2)(i) was also 

modified to correct one of the Gulf 

Intracoastal Waterway mileage values 

from 334.6 to 204.6. Paragraph (a)(2)(iii) 

was modified to expand a portion of the 

restricted area to provide protection for 

a fuel pier and associated mooring area 

at Hurlburt Field. Paragraph (b)(1) was 

subdivided to clarify the information 

pertaining to the danger zone. Paragraph 

(b)(1)(i) provides information on how 

the area is used and restrictions on entry 

into the area when it is in use. 

Paragraph (b)(1)(ii) was added to note 

that the danger zone and associated 

restrictions are in effect 24 hours a day, 

7 days a week. Paragraph (b)(2)(i) was 

modified to remove the existing 

language stating that no person or vessel 

shall enter the area without permission 

of Eglin AFB or the Hurlburt Field 

Commander. In response to comments, 

the final rule clarifies that all persons, 

vessels and other craft are permitted to 

access the restricted areas defined in 

paragraph (a)(2) during times of low 

security threats and that they would be 

subject to identification checks by the 

U.S. Air Force patrol boats. With the 

exception of the Gulf Intracoastal 

Waterway, during times of high security 

threats anyone wishing to enter, transit, 

anchor or drift within the restricted 

areas noted in paragraph (a)(2) must 

have the permission of Eglin AFB or the 

Hurlburt Field Commander or his/her 

authorized representative. Paragraph (c) 

was rewritten by designating the 

proposed paragraph (c) as paragraph 

(c)(1) and adding paragraph (c)(2). 

Paragraph (c)(1) provides information 

on the party/ies enforcing the regulation 

of this section. Paragraph (c)(2) was 

added to clarify that enforcement of the 

regulations in this section would be 

accomplished in accordance with the 

active security level as defined by the 

Department of Defense Force Protection 

Condition System. 

Section 334.740(b)(1) was modified to 

remove the existing language stating 

that no person or vessel shall enter the 

area without permission. In response to 

comments, the final rule clarifies that all 

persons, vessels and other craft are 

permitted to access the restricted area 

defined in paragraph (a) of this section 

during times of low security threats and 

that they would be subject to 

identification checks by the U.S. Air 

Force patrol boats. During times of high 

security threats anyone wishing to enter, 

transit, anchor or drift within the 

restricted area noted in paragraph (a) of 

this section must have the permission of 

the Commander, 96 Air Base Wing, 

Eglin AFB or his/her authorized 

representative. Paragraph (c)(2) was 

reworded to clarify that enforcement of 

the regulations in this section would be 

accomplished in accordance with the 

active security level as defined by the 

Department of Defense Force Protection 

Condition System. 

For sections 334.742, 334.744 and 

334.748, paragraph (b)(1) was modified 

to remove the proposed language stating 

that no person or vessel shall enter the 

area without permission. In response to 

comments, the final rule clarifies that all 

persons, vessels and other craft are 

permitted to access the restricted areas 

defined in paragraph (a) of each of these 

sections during times of low security 

threats and that they would be subject 

to identification checks by the U.S. Air 

Force patrol boats. During times of high 

security threats anyone wishing to enter, 

transit, anchor or drift within the 

restricted areas noted in paragraph (a) of 

each of these sections must have the 

permission of the Commander, 96 Air 

Base Wing, Eglin AFB or his/her 

authorized representative. Paragraph (c) 

was rewritten by designating the 

proposed paragraph (c) as paragraph 

(c)(1) and adding paragraph (c)(2). 

Paragraph (c)(1) provides information 

on the party/ies enforcing the regulation 

of this section. Paragraph (c)(2) was 

added to clarify that enforcement of the 

regulations in this section would be 

accomplished in accordance with the 

active security level as defined by the 

Department of Defense Force Protection 

Condition System. 

Section 334.750 has been removed 

because the area it encompassed has 

been incorporated into section 334.740. 

Procedural Requirements 

a. Review Under Executive Order 

12866. This regulation 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 regulation 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). The Corps determined 

that this regulation would have 

practically no economic impact on the 

public nor would it result in any 

anticipated navigational hazard or 

interference with existing waterway 

traffic. This regulation 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 on 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 the FOR FURTHER INFORMATION

CONTACT section, above. 

d. Unfunded Mandates Act. This 

regulation does not impose an 


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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 

regulation. 

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 amends 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 § 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 danger zone 

shall encompass all navigable waters of 

the United States as defined at 33 CFR 

part 329, including 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 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 at 

latitude 30°27′54.18′′ N, longitude 

086°29′18.32′′ W; then following the 

shoreline at the mean high water line 

easterly to point of origin. 

(2) Aerial gunnery range along north 

shore of Choctawhatchee Bay. The 

danger zone shall encompass all 

navigable waters of the United States as 

defined at 33 CFR part 329, including 

the waters of Choctawhatchee Bay 

within an area bounded by a line 

connecting the following coordinates: 

Commencing at the northwest shore 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 at latitude 

30°29′08.7′′ N, longitude 086°15′00′′ W; 

then following the shoreline at the mean 

high water line 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 AFB 

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 

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 AFB Public Affairs. 

(c) Enforcement. (1) The regulations 

in this section shall be enforced by the 

Commander, 96 Air Base Wing, Eglin 

AFB, Florida and such agencies as he/ 

she may designate. 

(2) Enforcement of the regulations in 

this section will be accomplished in 

accordance with the active security 

level as defined by the Department of 

Defense Force Protection Condition 

(FPCON) System. 

■ 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. 

(a) The restricted area. The restricted 

area shall encompass all navigable 

waters of the United States as defined at 

33 CFR part 329, including 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 the entry 

into the area will be prohibited to all 

persons and navigation. Notifications 

will be via Eglin AFB water patrol and 

published in local news media in 

advance. 

(c) Enforcement. (1) The regulations 

in this section shall be enforced by the 

Commander, 96 Air Base Wing, Eglin 

AFB, Florida and such agencies as he/ 

she may designate. 

(2) Enforcement of the regulations in 

this section will be accomplished in 

accordance with the active security 

level as defined by the Department of 

Defense Force Protection Condition 

(FPCON) System. 

■ 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 danger zone 

shall encompass all navigable waters of 

the United States as defined at 33 CFR 

part 329, including 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°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 


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75456 Federal Register / Vol. 76, No. 232 / Friday, December 2, 2011 / Rules and Regulations 

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 persons 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. (1) The regulations 

in this section shall be enforced by the 

Commander, 96 Air Base Wing, Eglin 

AFB, Florida and such agencies as he/ 

she may designate. 

(2) Enforcement of the regulations in 

this section will be accomplished in 

accordance with the active security 

level as defined by the Department of 

Defense Force Protection Condition 

(FPCON) System. 

■ 5. Revise § 334.730 to read as follows: 

§ 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. 

The danger zone shall encompass all 

navigable waters of the United States as 

defined at 33 CFR part 329, including 

the 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 as measured from the 

Harvey Lock, Louisiana, ‘‘zero mile’’ 

location. 

(2) The restricted areas. (i) Area 1. 

The restricted area shall encompass all 

navigable waters of the United States as 

defined at 33 CFR part 329, including 

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 mile 

designation 204.6 and 216.4 as 

measured from the Harvey Lock, 

Louisiana, ‘‘zero mile’’ location. 

(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 part 

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 part 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′20.92′′ N, longitude 086°41′45.96′′ 

W; thence directly to latitude 

30°24′23.31′′ N, longitude 086°42′00.20′′ 

W; thence directly to latitude 

30°24′28.83′′ N, longitude 086°42′07.42′′ 

W; thence directly to latitude 

30°24′25.98′′ N, longitude 086°42′17.12′′ 

W; thence directly to longitude 

30°24′26.31′′ N, longitude 086°42′19.82′′ 

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. 

(b) The regulations. (1) The danger 

zone. (i) Experimental test operations 

will be conducted by the U.S. Air Force 

(USAF) within the danger zone. During 

periods when experimental test 

operations are underway, no person, 

vessel or other watercraft shall enter or 

navigate the waters of the danger zone. 

(ii) The area identified in paragraph 

(a)(1) of this section and the associated 

restrictions described in paragraph 

(b)(1)(i) of this section are in effect 24 

hours a day, 7 days a week. The area is 

used on an intermittent basis and, 

generally, any test operations shall not 

exceed one hour and shall not occur 

more than twice weekly. 

(2) The restricted areas. (i) All 

persons, vessels and other craft are 

permitted access to the restricted areas 

described in paragraph (a)(2) of this 

section. Any person or vessel within the 

restricted areas will be subject to 

identification checks by USAF patrol 

boats. During times of high security 

threats against Eglin AFB or Hurlburt 

Field, all entry, transit, anchoring or 

drifting within the restricted areas 

described in paragraph (a)(2) of this 

section for any reason is not allowed 

without permission of Eglin AFB or the 

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 and the associated 

restrictions described in paragraph 

(b)(2)(i) of this section are 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, Florida and such agencies as he/ 

she may designate. 

(2) Enforcement of the regulations in 

this section will be accomplished in 

accordance with the active security 

level as defined by the Department of 

Defense Force Protection Condition 

(FPCON) System. 

■ 6. Revise § 334.740 to read as follows: 

§ 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 part 

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 


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Federal Register / Vol. 76, No. 232 / Friday, December 2, 2011 / Rules and Regulations 75457 

that lie within the land boundaries of 

Eglin AFB. 

(b) The regulations. (1) All persons, 

vessels and other craft are permitted 

access to the restricted area described in 

paragraph (a) of this section. Any person 

or vessel within the restricted area will 

be subject to identification checks by 

U.S. Air Force patrol boats. During 

times of high security threats against 

Eglin AFB, all entry, transit, anchoring 

or drifting within the restricted area 

described in paragraph (a) of this 

section for any reason is not allowed 

without the permission of the 

Commander, 96 Air Base Wing, Eglin 

AFB, and his/her authorized 

representative. 

(2) The area identified in paragraph 

(a) of this section and the associated 

restrictions described in paragraph 

(b)(1) of this section are 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, Florida and such agencies as he/ 

she may designate. 

(2) Enforcement of the regulations in 

this section will be accomplished in 

accordance with the active security 

level as defined by the Department of 

Defense Force Protection Condition 

(FPCON) System. 

■ 7. Add § 334.742 to read as follows: 

§ 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 part 

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) All persons, 

vessels and other craft are permitted 

access to the restricted area described in 

paragraph (a) of this section. Any person 

or vessel within the restricted area will 

be subject to identification checks by 

U.S. Air Force patrol boats. During 

times of high security threats against 

Eglin AFB, all entry, transit, anchoring 

or drifting within the restricted area 

described in paragraph (a) of this 

section for any reason is not allowed 

without the permission of the 

Commander, Eglin AFB, Florida, or his/ 

her authorized representative. 

(2) The area identified in paragraph 

(a) of this section and the associated 

restrictions described in paragraph 

(b)(1) of this section are 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, Florida and such agencies as he/ 

she may designate. 

(2) Enforcement of the regulations in 

this section will be accomplished in 

accordance with the active security 

level as defined by the Department of 

Defense Force Protection Condition 

(FPCON) System. 

■ 8. Add § 334.744 to read as follows: 

§ 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 part 

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 

on the shoreline at latitude 30°27′34.07′′ 

N, longitude 086°34′35.67′′ W. 

(b) The regulations. (1) All persons, 

vessels and other craft are permitted 

access to the restricted area described in 

paragraph (a) of this section. Any person 

or vessel within the restricted area will 

be subject to identification checks by 

U.S. Air Force patrol boats. During 

times of high security threats against 

Eglin AFB, all entry, transit, anchoring 

or drifting within the restricted area 

described in paragraph (a) of this 

section for any reason is not allowed 

without the permission of the 

Commander, Eglin AFB, Florida, or his/ 

her authorized representative. 

(2) The area identified in paragraph 

(a) of this section and the associated 

restrictions described in paragraph 

(b)(1) of this section are 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, Florida and such agencies as he/ 

she may designate. 

(2) Enforcement of the regulations in 

this section will be accomplished in 

accordance with the active security 

level as defined by the Department of 

Defense Force Protection Condition 

(FPCON) System. 

■ 9. Add § 334.746 to read as follows: 

§ 334.746 U.S. 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 part 

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 area identified in paragraph 

(a) of this section and the associated 

restrictions described in paragraph 

(b)(1) of this section are 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: 

§ 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 part 

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. 

(b) The regulations. (1) All persons, 

vessels and other craft are permitted 

access to the restricted area described in 

paragraph (a) of this section. Any person 

or vessel within the restricted area will 

be subject to identification checks by 

U.S. Air Force patrol boats. During 

times of high security threats against 

Eglin AFB, all entry, transit, anchoring 

or drifting within the restricted area 


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75458 Federal Register / Vol. 76, No. 232 / Friday, December 2, 2011 / Rules and Regulations 

described in paragraph (a) of this 

section for any reason is not allowed 

without the permission of the 

Commander, Eglin AFB, Florida, or his/ 

her authorized representative. 

(2) The area identified in paragraph 

(a) of this section and the associated 

restrictions described in paragraph 

(b)(1) of this section are 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, Florida and such agencies as he/ 

she may designate. 

(2) Enforcement of the regulations in 

this section will be accomplished in 

accordance with the active security 

level as defined by the Department of 

Defense Force Protection Condition 

(FPCON) System. 

§ 334.750 [Removed] 

■ 11. Remove § 334.750. 

Dated: November 29, 2011. 

Michael G. Ensch, 

Chief, Operations and Regulatory Directorate 

of Civil Works. 

[FR Doc. 2011–31017 Filed 12–1–11; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 9 

RIN 2900–AO20 

Servicemembers’ Group Life Insurance 

Traumatic Injury Protection Program— 

Genitourinary Losses 

AGENCY: Department of Veterans Affairs. 

ACTION: Interim final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) is issuing this interim final 

rule that amends the regulations 

governing the Servicemembers’ Group 

Life Insurance Traumatic Injury 

Protection (TSGLI) program by adding 

certain genitourinary (GU) system losses 

to the TSGLI Schedule of Losses and 

defining terms relevant to these new 

losses. This amendment is necessary to 

make qualifying GU losses a basis for 

paying GU-injured Servicemembers 

TSGLI benefits. The intended effect is to 

expand the list of losses for which 

TSGLI payments can be made. 

DATES: Effective Date: This interim final 

rule is effective December 2, 2011. 

Comments must be received on or 

before January 31, 2012. 

Applicability Date: VA will apply this 

rule to injuries incurred on or after 

October 7, 2001. 

ADDRESSES: Written comments may be 

submitted through http://www.

Regulations.gov; by mail or handdelivery to: Director, Regulations 

Management (02REG), Department of 

Veterans Affairs, 810 Vermont Ave. 

NW., Room 1068, Washington, DC 

20420; or by fax to (202) 273–9026. 

Comments should indicate that they are 

submitted in response to ‘‘RIN 2900– 

AO20—Servicemembers’ Group Life 

Insurance Traumatic Injury Protection 

Program—Genitourinary Losses.’’ 

Copies of comments received will be 

available for public inspection in the 

Office of Regulations Management, 

Room 1063B, between the hours of 

8 a.m. and 4:30 p.m., Monday through 

Friday (except holidays). Please call 

(202) 461–4902 for an appointment. 

(This is not a toll-free number.) In 

addition, during the comment period, 

comments are available to view online 

through the Federal Docket Management 

System (FDMS) at http://www.

Regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Monica Keitt, Attorney/Advisor, 

Department of Veterans Affairs Regional 

Office and Insurance Center (310/290B), 

5000 Wissahickon Avenue, P.O. Box 

8079, Philadelphia, PA 19101, (215) 

842–2000, ext. 2905. (This is not a tollfree number.) 

SUPPLEMENTARY INFORMATION: Congress 

established the Servicemembers’ Group 

Life Insurance Traumatic Injury 

Protection (TSGLI) program to provide 

financial assistance to severely injured 

Servicemembers who suffer a traumatic 

injury directly resulting in a TSGLI 

scheduled loss. See Emergency 

Supplemental Appropriations Act for 

Defense, the Global War on Terror, and 

Tsunami Relief, 2005, Public Law 109– 

13, sec. 1032, 119 Stat. 231, 257. Until 

now, injuries to the genitourinary (GU) 

system were not specifically included in 

the TSGLI Schedule of Losses at 38 CFR 

9.20(f), although Servicemembers who 

sustain GU system injuries often are 

eligible for TSGLI payments for other 

losses under the Schedule incurred as a 

result of the same traumatic event that 

caused the GU loss. For example, a 

Servicemember who suffers GU injuries 

may be eligible for a TSGLI payment if 

hospitalized for 15 consecutive days. 38 

CFR 9.20(f)(20). 

A recent Department of Defense (DoD) 

report showed that, from 2009 to 2010, 

the proportion of war casualties who 

arrived at Landstuhl Regional Medical 

Center in Germany suffering from GU 

injuries increased from 4.8 percent to 

9.1 percent. DoD also found that 

approximately 570 Servicemembers 

sustained GU injuries involving the 

genitalia between October 7, 2001, and 

May 2, 2011. Joint Theater Trauma 

Registry Ad Hoc Report for October 7, 

2001, to May 2, 2011, Institute for 

Surgical Research (May 5, 2011). In 

addition, the United States Army 

Institute of Surgical Research at Fort 

Sam Houston found that 5 percent of 

Servicemembers on the Joint Theater 

Trauma Registry who were admitted as 

a result of trauma in overseas 

contingency operations between 

October 2001 and January 2008 had one 

or more GU injuries. Faye B. Serkin et 

al., Combat Urologic Trauma In US 

Military Overseas Contingency 

Operations, 69 J. Trauma Suppl. 1 S175 

(2010). Recent consultation with 

medical experts at the National Naval 

Medical Center (NNMC) in Bethesda, 

Maryland, and Brooke Army Medical 

Center (BAMC) in San Antonio, Texas, 

where many injured Servicemembers 

are treated, revealed that there has been 

a recent increase in the number of GU 

injuries experienced by 

Servicemembers. As a result, the 

Secretary of Veterans Affairs has 

decided to add certain GU system losses 

to the TSGLI Schedule of Losses for 

which a TSGLI benefit is payable. 

In the TSGLI Schedule of Losses 

codified at 38 CFR 9.20(f), VA is 

redesignating current paragraphs (19) 

and (20) as paragraphs (20) and (21), 

respectively, and adding GU system 

losses as the new paragraph (19). The 

medical experts report that, generally, 

GU injuries treated at NNMC and BAMC 

involve severe damage to the perineum 

consisting of complete loss of the 

genitalia or significant damage resulting 

in partial or complete loss of GU 

functional capacity. The NNMC and 

BAMC medical experts also stated that 

erectile dysfunction is common in male 

Servicemembers whom they have 

treated following severe GU injuries. 

BAMC specialists noted that the 

majority of the recent GU injuries 

treated at their facility are the result of 

dismounted complex blast injuries, 

which have increased recently because 

military personnel in combat zones are 

now conducting more walking patrols, 

which place them outside the protection 

of their armored vehicles. VA is 

therefore adding anatomical loss and 

loss of use of the penis as a scheduled 

loss for which $50,000 in TSGLI 

benefits is payable. 

VA is defining ‘‘anatomical loss of the 

penis’’ in new § 9.20(e)(6)(xxi) as 

amputation of the glans penis or any 

portion of the shaft of the penis above 

the glans penis (i.e., closer to the body), 

or damage to the glans penis or shaft of 

the penis that requires reconstructive 

surgery. Because this definition and 


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