Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Rules and Regulations 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. 

■ 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 § 334.515 to read as follows: 

§ 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°24′46.10′′ N, 

longitude 81°32′19.01′′ W, thence 

proceed 200 yards in a northwesterly 

direction to latitude 30°24′49.84′′ N, 

longitude 81°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°23′36.75′′ N, 

longitude 81°30′26.42′′ W, thence 

southwesterly to a point at latitude 

30°23′34.44′′ N, longitude 81°30′28.80′′ 

W, thence west southwesterly to a point 

at latitude 30°23′33.68′′ N, longitude 

81°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°23′33.68′′ N, longitude 81°30′32.61′′ 

W, proceed west southwesterly to a 

point at latitude 30°23′30.93′′ N, 

longitude 81°30′57.14′′ W. 

(4) Area 3. From the last point 

identified in paragraph (a)(3) of this 

section, latitude 30°23′30.93′′ N, 

longitude 81°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°23′26.34′′ N, longitude 81°31′49.73′′ 

W, thence proceed north to terminate at 

a point on the shoreline at latitude 

30°23′29.34′′ N, longitude 81°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] 

BILLING CODE 3710–92–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 417 

Health Maintenance Organizations, 

Competitive Medical Plans, and Health 

Care Prepayment Plans 

CFR Correction 

In title 42 of the Code of Federal 

Regulations, parts 414 to 429, revised as 

of October 1, 2007, on page 127, in 

§ 417.150, remove the definition of 

‘‘Health benefits’’. 

[FR Doc. E8–21926 Filed 9–17–08; 8:45 am] 

BILLING CODE 1505–01–D 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 08–70; MB Docket No. 07–78; RM– 

11366; RM–11383] 

Radio Broadcasting Services; Beeville, 

Christine, George West, and Tilden, TX 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Audio Division grants a 

Petition for Rule Making issued at the 

request of Katherine Pyeatt, proposing 

the allotment of Channel 245C3 at 

Christine, Texas, as its first local aural 

transmission service. The reference 

coordinates for Channel 245C3 at 

Christine are 28–40–00 NL and 98–30– 

15 WL, located 13.6 kilometers (8.4 

miles) south of Christine. Additionally, 

a counterproposal filed by Linda 

Crawford was dismissed, requesting the 

allotments of Channel 245A at 

Christine, Texas, and Channel 250A at 

Tilden, Texas, as first local aural 

transmission services. To accommodate 


dwashington3 on PRODPC61 with RULES
54074 Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Rules and Regulations 

the proposed Tilden allotment, the 

counterproposal requests the 

substitution of Channel 296A for vacant 

Channel 250A at George West, Texas, 

which in turn requires the substitution 

of Channel 246A for Channel 296A at 

Beeville, Texas, and modification of the 

Station KRXB(FM) license. We hereby 

change the effective date of this final 

rule in compliance with 47 CFR 1.427 

because the final rule was never 

published in the Federal Register. 

Accordingly, the Report and Order is 

made effective 30 days from the time the 

final rule for the above caption 

proceeding is published in the Federal 

Register. 

DATES: Effective October 20, 2008. 

ADDRESSES: Federal Communications 

Commission, 445 Twelfth Street, SW., 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Rolanda F. Smith, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order, MB Docket No. 07–78, 

adopted January 9, 2008, and January 

11, 2008. The full text of this 

Commission decision is available for 

inspection and copying during normal 

business hours in the Commission’s 

Reference Information Center, 445 

Twelfth Street, SW., Washington, DC 

20554. The complete text of this 

decision may also be purchased from 

the Commission’s duplicating 

contractor, Best Copy and Printing, Inc., 

445 12th Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 

1–800–378–3160 or http:// 

www.BCPIWEB.com. The Commission 

will send a copy of this Report and 

Order in a report to be sent to Congress 

and the Government Accountability 

Office pursuant to the Congressional 

Review Act, see 5 U.S.C. 801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

■ As stated in the preamble, the Federal 

Communications Commission amends 

47 CFR part 73 as follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336. 

§ 73.202 [Amended] 

■ 2. Section 73.202(b), the Table of FM 

Allotments under Texas, is amended by 

adding Christine, Channel 245C3. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. E8–21739 Filed 9–17–08; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 97 

Amateur Radio Service 

CFR Correction 

In title 47 of the Code of Federal 

Regulations, part 80 to end, revised as 

of October 1, 2007, on page 594, in 

§ 97.109, remove paragraph (e). 

[FR Doc. E8–21929 Filed 9–17–08; 8:45 am] 

BILLING CODE 1505–01–D 


dwashington3 on PRODPC61 with RULES