Public Notice
U.S. Army Corps Date May 2016
Baltimore District
CENAB-OPR Special Public Notice 16-27
Subject: U.S. Army Corps of Engineers’ Action Granting
Legal Authorities to Support the Protection of Military Assets During Force
Protection Condition Charlie or Delta
The United States has directed in the past and may again in
the future all military assets to implement Force Protection Condition Charlie
or Delta. In response, the U.S. Army
Corps of Engineers, Baltimore District, has authorized the temporary
establishment of restricted areas in and around all military assets located in
or adjacent to navigable waters of the United States in the State of Maryland,
central Pennsylvania, the District of Columbia, and the Cities of Alexandria
and Arlington, and Fairfax, Loudoun, and Prince Williams Counties, Virginia.
Military Commanders are authorized by the District Commander
to take actions as provided by law, regulation or directives to implement the
actions outlined in Force Protection Condition Charlie or Delta when so ordered
by competent authority.
The temporary restricted area and regulation read as
follows: The United States Army Corps of Engineers, Baltimore District,
pursuant to the authority granted in 33 C.F.R. §334.3
(c) and 33 U.S.C. §1 has established temporary restricted areas adjacent to all
military assets located in or adjacent to navigable waters of the United States
in the State of Maryland, central Pennsylvania, the District of Columbia, and
Virginia when those assets have been ordered to implement the procedures
associated with Force Protection Condition Charlie or Delta.
The Areas: All military assets located within or
adjacent to navigable waters of the United States located in Maryland, the
District of Columbia, and Virginia without currently established restricted
areas, are hereby authorized to establish and enforce temporary restricted
areas. Temporary restricted areas will
extend 100 meters into the applicable waterway from the landward boundary each
facility. Military assets located in the
State of Pennsylvania located on or adjacent to the Susquehanna or Juniata
Rivers are also authorized to establish and enforce temporary restricted
areas. Military assets with currently
established restricted areas extending more than 100 meters into navigable
waters of United States
are not affected by this regulation. Those military assets with currently
established restricted area extending less than 100 meters into navigable
waters of the United States
are hereby extended in accordance with this regulation.
The Regulation:
No vessels or persons may enter restricted areas established by military
commands and in accordance with directives associated with Force Protection
Condition Charlie or Delta.
Exceptions: Military Commanders may not interfere with
commercial or recreational traffic located within designated channels or
fairways. Commercial fishing activities
must be allowed to continue in designated areas once positive identification
has been established.
Enforcement:
The Commander of any military asset or agency or persons that he/she may
designate while in Force Protection Condition Charlie or Delta.
Duration: This regulation shall go into effect for a
period of 30 days once Force Protection Condition Charlie or Delta has been
initiated.
If you have any questions,
please contact Mr. Steve Elinsky, of this office at 410.962.4503.
FOR THE DISTRICT ENGINEER:
Beth E.
Bachur
Acting
Chief, Regulatory Branch