528 Part 334—Danger Zone and Restricted Area Regulations

Home , Mari (crater), Rich Passage, Third Coast

Pt. 334 33 CFR Ch. II (7–1–12 Edition)

(2) For in-lieu fee project sites, real land bank) must be consistent with the estate instruments, management plans, terms of this part. or other long-term protection mecha- (2) In-lieu fee program instruments. All nisms used for site protection must be in-lieu fee program instruments ap- finalized before advance credits can be- proved on or after July 9, 2008 must come released credits. meet the requirements of this part. In- (u) Long-term management. (1) The lieu fee programs operating under in- legal mechanisms and the party re- struments approved prior to July 9, sponsible for the long-term manage- 2008 may continue to operate under ment and the protection of the mitiga- those instruments for two years after tion bank site must be documented in the effective date of this rule, after the instrument or, in the case of um- which time they must meet the re- brella mitigation banking instruments quirements of this part, unless the dis- and in-lieu fee programs, the approved trict engineer determines that cir- mitigation plans. The responsible party cumstances warrant an extension of up should make adequate provisions for to three additional years. The district the operation, maintenance, and long- engineer must consult with the IRT be- term management of the compensatory fore approving such extensions. Any re- mitigation project site. The long-term visions made to the in-lieu fee program management plan should include a de- instrument on or after July 9, 2008 scription of long-term management must be consistent with the terms of needs and identify the funding mecha- this part. Any approved project for nism that will be used to meet those which construction was completed needs. under the terms of a previously ap- (2) The instrument may contain pro- proved instrument may continue to op- visions for the sponsor to transfer long- erate indefinitely under those terms if term management responsibilities to a the district engineer determines that land stewardship entity, such as a pub- the project is providing appropriate lic agency, non-governmental organiza- mitigation substantially consistent tion, or private land manager. with the terms of this part. (3) The instrument or approved mitigation plan must address the financial PART 334—DANGER ZONE AND arrangements and timing of any nec- RESTRICTED AREA REGULATIONS essary transfer of long-term management funds to the steward. Sec. (4) Where needed, the acquisition and 334.1 Purpose. protection of water rights should be se- 334.2 Definitions. 334.3 Special policies. cured and documented in the instru- 334.4 Establishment and amendment proce- ment or, in the case of umbrella miti- dures. gation banking instruments and in-lieu 334.5 Disestablishment of a danger zone. fee programs, the approved mitigation 334.6 Datum. site plan. 334.10 Gulf of Maine off Seal Island, Maine; (v) Grandfathering of existing instru- naval aircraft bombing target area. ments—(1) Mitigation banking instru- 334.20 Gulf of Maine off Cape Small, Maine; ments. All mitigation banking instru- naval aircraft practice mining range area. ments approved on or after July 9, 2008 334.30 Gulf of Maine off Pemaquid Point, must meet the requirements of this Maine; naval sonobuoy test area. part. Mitigation banks approved prior 334.40 Atlantic Ocean in vicinity of Duck Is- to July 9, 2008 may continue to operate land, Maine, Isles of Shoals; naval air- under the terms of their existing in- craft bombing target area. struments. However, any modification 334.45 Kennebec River, Bath Iron Works to such a mitigation banking instru- Shipyard, naval restricted area, Bath, ment on or after July 9, 2008, including Maine. authorization of additional sites under 334.50 Piscataqua River at Portsmouth Naval Shipyard, Kittery, Maine; re- an umbrella mitigation banking instru- stricted areas. ment, expansion of an existing site, or 334.60 Cape Cod Bay south of Wellfleet Har- addition of a different type of resource bor, Mass.; naval aircraft bombing target credits (e.g., stream credits to a wet- area.

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334.70 Buzzards Bay, and adjacent waters, 334.240 Potomac River, Mattawoman Creek Mass.; danger zones for naval operations. and Chicamuxen Creek; U.S. Naval Pro- 334.75 Thames River, Naval Submarine Base pellant Plant, Indian Head, Md. New London, restricted area. 334.250 Gunston Cove, at Whitestone Point, 334.78 Rhode Island Sound, Atlantic Ocean, Va.; U.S. Army restricted area. approximately 4.0 nautical miles due 334.260 York River, Va.; naval restricted south of Lands End in Newport, RI; re- areas. stricted area for naval practice mine- 334.270 York River adjacent to Cheatham field. Annex Depot, Naval Supply Center, Wil- 334.80 Narragansett Bay, RI; restricted area. liamsburg, Va.; restricted area. 334.81 Narragansett Bay, East Passage, 334.275 North and Southwest Branch, Back Coddington Cove, Naval Station New- River, Hampton, U.S. Air Force Base, port, naval restricted area, Newport, Langley, Va.; restricted area. Rhode Island. 334.280 James River between the entrance 334.82 Narragansett Bay, East Passage, to Skiffes Creek and Mulberry Point, Coasters Harbor Island, Naval Station Va.; army training and small craft test- Newport, Newport, Rhode Island, re- ing area. stricted area. 334.290 Elizabeth River, Southern Branch, 334.85 New York Harbor, adjacent to the Va.; naval restricted areas. Stapleton Naval Station, Staten Island, 334.293 Elizabeth River, Craney Island Re- New York; restricted area. fueling Pier Restricted Area, Portsmouth 334.100 Atlantic Ocean off Cape May, N.J.; VA; naval restricted area. Coast Guard Rifle Range. 334.300 Hampton Roads and Willoughby 334.102 Sandy Hook Bay, Naval Weapons Bay, Norfolk Naval Base, naval re- Station EARLE, Piers and Terminal stricted area, Norfolk, Virginia. Channel, restricted area, Middletown, 334.310 Chesapeake Bay, Lynnhaven Roads; New Jersey. navy amphibious training area. 334.110 Delaware Bay off Cape Henlopen, 334.320 Chesapeake Bay entrance; naval re- Del.; naval restricted area. stricted area. 334.120 Delaware Bay off Milford Neck; 334.330 Atlantic Ocean and connecting naval aircraft bombing target area. waters in vicinity of Myrtle Island, Va.; 334.130 Atlantic Ocean off Wallops Island Air Force practice bombing, rocket fir- and Chincoteague Inlet, Va.; danger zone. ing, and gunnery range. 334.140 Chesapeake Bay; U.S. Army Proving 334.340 Chesapeake Bay off Plumtree Island, Ground Reservation, Aberdeen, Md. Hampton, Va.; Air Force precision test 334.150 Severn River at Annapolis, Md.; ex- area. perimental test area, U.S. Navy Marine 334.350 Chesapeake Bay off Fort Monroe, Engineering Laboratory. Va.; firing range danger zone. 334.155 Severn River, Naval Station Annap- 334.360 Chesapeake Bay off Fort Monroe, olis, Small Boat Basin, Annapolis, MD; Virginia; restricted area, U.S. Naval Base naval restricted area. and Naval Surface Weapon Center. 334.160 Severn River, at U.S. Naval Acad- 334.370 Chesapeake Bay, Lynnhaven Roads; emy Santee Basin, Annapolis, Md.; naval danger zones, U.S. Naval Amphibious restricted area. Base. 334.170 Chesapeake Bay, in the vicinity of 334.380 Atlantic Ocean south of entrance to Chesapeake Beach, Md.; firing range, Chesapeake Bay off Dam Neck, Virginia; Naval Research Laboratory. naval firing range. 334.180 Patuxent River, Md.; restricted 334.390 Atlantic Ocean south of entrance to areas, U.S. Naval Air Test Center, Patux- Chesapeake Bay; firing range. ent River, Md. 334.400 Atlantic Ocean south of entrance to 334.190 Chesapeake Bay, in vicinity of Chesapeake Bay off Camp Pendleton, Bloodsworth Island, MD, U.S. Navy. Virginia; naval restricted area. 334.200 Chesapeake Bay, Point Lookout to 334.410 Albermarle Sound, Pamlico Sound, Cedar Point; aerial and surface firing and adjacent waters, N.C.; danger zones range and target area, U.S. Naval Air for naval aircraft operations. Station, Patuxent River, Maryland, dan- 334.412 Albemarle Sound, Pamilico Sound, ger zones. Harvey Point and adjacent waters, NC; 334.210 Chesapeake Bay, in vicinity of Tan- restricted area. gier Island; naval guided missiles test op- 334.420 Pamlico Sound and adjacent waters, erations area. N.C.; danger zones for Marine Corps oper- 334.220 Chesapeake Bay, south of Tangier Is- ations. land, Va.; naval firing range. 334.430 Neuse River and tributaries at Ma- 334.230 Potomac River. rine Corps Air Station Cherry Point, 334.235 Potomac River, Marine Corps Base North Carolina; restricted area and dan- Quantico (MCB Quantico) in vicinity of ger zone. Marine Corps Air Facility (MCAF), re- 334.440 New River, N.C., and vicinity; Ma- stricted area. rine Corps firing ranges.

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334.450 Cape Fear River and tributaries at 334.635 Hillsborough Bay and waters contig- Sunny Point Army Terminal, Brunswick uous to MacDill Air Force Base, Fla.; re- County, NC; restricted area. stricted area. 334.460 Cooper River and tributaries at 334.640 Gulf of Mexico south of Apalachee Charleston, SC. Bay, Fla.; Air Force rocket firing range. 334.470 Cooper River and Charleston Harbor, 334.650 Gulf of Mexico, south of St. George S.C.; restricted areas. Island, Fla.; test firing range. 334.475 Brickyard Creek and tributaries and 334.660 Gulf of Mexico and Apalachicola Bay the Broad River at Beaufort, SC. south of Apalachicola, Fla., Drone Re- 334.480 Archers Creek, Ribbon Creek, and covery Area, Tyndall Air Force Base, Broad River; U.S. Marine Corps Recruit Fla. Depot, Parris Island, South Carolina; 334.670 Gulf of Mexico south and west of danger zones. Apalachicola, San Blas, and St. Joseph 334.490 Atlantic Ocean off Georgia Coast; bays; air-to-air firing practice range, air-to-air and air-to-water gunnery and Tyndall Air Force Base, Fla. bombing ranges for fighter and bombard- 334.680 Gulf of Mexico, southeast of St. An- ment aircraft, U.S. Air Force. drew Bay East Entrance, small- arms fir- 334.500 St. Johns River, Atlantic Ocean, ing range, Tyndall Air Force Base, Fla. Sherman Creek; restricted areas and dan- 334.690 [Reserved] ger zone, Naval Station Mayport, Flor- 334.700 Choctawhatchee Bay, aerial gunnery ida. ranges, Air Armament Center, Eglin Air 334.510 U.S. Navy Fuel Depot Pier, St. Force Base, Fla. Johns River, Jacksonville, Fla.; re- 334.710 The Narrows and Gulf of Mexico ad- stricted area. jacent to Santa Rosa Island, Head- 334.515 Blount Island Command and Marine quarters Air Armament Center, Eglin Air Corps Support Facility–Blount Island; Force Base, Fla. Jacksonville, Florida restricted areas. 334.720 Gulf of Mexico, south from 334.520 Lake George, Fla.; naval bombing Choctawhatchee Bay; Missile test area. area. 334.730 Waters of Santa Rosa Sound and Gulf of Mexico adjacent to Santa Rosa 334.525 Atlantic Ocean off John F. Kennedy Island, Armament Center, Eglin Air Space Center, FL; restricted area. Force Base, Fla. 334.530 Canaveral Harbor adjacent to the 334.740 North Shore Choctawhatchee Bay, Navy pier at Port Canaveral, Fla.; re- Eglin Air Force Base, Fla. stricted area. 334.742 Eglin Camp Pinchot, Fla., at Eglin 334.540 Banana River at the Eastern Range, Air Force Base, Fla.; restricted area. 45th Space Wing, Cape Canaveral Air 334.744 Eglin Poquito Housing at Eglin Air Force Station, FL; restricted area. Force Base, Fla.; restricted area. 334.560 Banana River at Patrick Air Force 334.746 U.S. Coast Guard, Destin Station at Base, Fla.; restricted area. Eglin Air Force Base, Fla.; restricted 334.570 Banana River near Orsino, Fla.; re- area. stricted area. 334.748 Wynnhaven Beach, Fla., at Eglin 334.580 Atlantic Ocean near Port Ever- AFB; restricted area. glades, Fla. 334.760 Naval Support Activity Panama 334.590 Atlantic Ocean off Cape Canaveral, City and Alligator Bayou, a tributary of Fla.; Air Force missile testing area, Pat- St. Andrew Bay, Fla.; naval restricted rick Air Force Base, Fla. area. 334.595 Atlantic Ocean off Cape Canaveral; 334.761 Naval Support Activity Panama 45th Space Wing, Cape Canaveral Air City; St. Andrews Bay; restricted areas. Force Station, FL; restricted area. 334.762 Naval Support Activity Panama 334.600 TRIDENT Basin adjacent to Canav- City; North Bay and West Bay; restricted eral Harbor at Cape Canaveral Air Force areas. Station, Brevard County, Fla.; danger 334.763 Naval Support Activity Panama zone. City; Gulf of Mexico; restricted area. 334.610 Key West Harbor, at U.S. Naval 334.770 Gulf of Mexico and St. Andrew Base, Key West, Fla.; naval restricted Sound, south of East Bay, Fla., Tyndall areas and danger zone. Drone Launch Corridor, Tyndall Air 334.620 Straits of Florida and Florida Bay in Force Base, Fla.; restricted area. vicinity of Key West, Fla.; operational 334.775 Naval Air Station Pensacola, Pensa- training area, aerial gunnery range, and cola Bay, Pensacola and Gulf Breeze, bombing and strafing target areas, Naval Fla.; naval restricted area. Air Station, Key West, Fla. 334.778 Pensacola Bay and waters contig- 334.630 Tampa Bay south of MacDill Air uous to the Naval Air Station, Pensa- Force Base, Fla.; small-arms firing range cola, FL; restricted area. and aircraft jettison, U.S. Air Force, 334.780 Pensacola Bay, Fla.; seaplane re- MacDill Air Force Base. stricted area.

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334.782 SUPSHIP Bath Maine Detachment 334.930 Anaheim Bay Harbor, Calif.; Naval Mobile at AUSTAL, USA, Mobile, AL; re- Weapons Station, Seal Beach. stricted area. 334.938 Federal Correctional Institution, 334.783 Arlington Channel, U.S. Coast Guard Terminal Island, San Pedro Bay, Cali- Base Mobile, Mobile, Alabama, Coast fornia; restricted area. Guard restricted area. 334.940 Pacific Ocean in vicinity of San 334.790 Sabine River at Orange, Tex.; re- Pedro, Calif.; practice firing range for stricted area in vicinity of the Naval and U.S. Army Reserve, National Guard, and Marine Corps Reserve Center. Coast Guard units. 334.800 Corpus Christi Bay, Tex.; seaplane 334.950 Pacific Ocean at San Clemente Is- restricted area, U.S. Naval Air Station, land, California; Navy shore bombard- Corpus Christi. ment areas. 334.802 Ingleside Naval Station, Ingleside, 334.960 Pacific Ocean, San Clemente Island, Texas; restricted area. Calif.; naval danger zone off West Cove. 334.810 Holston River at Holston Ordnance 334.961 Pacific Ocean, San Clemente Island, Works, Kingsport, Tenn.; restricted area. California; naval danger zone off north- 334.815 Menominee River, at the Marinette west shore. Marine Corporation Shipyard, Marinette, 334.980 Pacific Ocean, around San Nicolas Wisconsin; naval restricted area. Island, Calif.; naval restricted area. 334.820 Lake Michigan; naval restricted 334.990 Long Beach Harbor, Calif.; naval re- area, U.S. Naval Training Center, Great stricted area. Lakes, Ill. 334.1010 San Francisco Bay in vicinity of 334.830 Lake Michigan; small-arms range Hunters Point; naval restricted area. adjacent to U.S. Naval Training Center, 334.1020 San Francisco Bay and Oakland Great Lakes, Ill. Inner Harbor; restricted areas in vicinity 334.840 Waters of Lake Michigan south of of Naval Air Station, Alameda. Northerly Island at entrance to Burnham 334.1030 Oakland Inner Harbor adjacent to Park Yacht Harbor, Chicago, Ill.; danger Alameda Facility, Naval Supply Center, zone adjacent to airport on Northerly Is- Oakland; restricted area. land. 334.1040 Oakland Harbor in vicinity of Naval 334.845 Wisconsin Air National Guard, Volk Supply Center, Oakland; restricted area Field military exercise area located in and navigation. Lake Michigan offshore from Manitowoc 334.1050 Oakland Outer Harbor adjacent to and Sheboygan Counties; danger zone. the Military Ocean Terminal, Bay Area, 334.850 Lake Erie, west end, north of Erie Pier No. 8 (Port of Oakland Berth No. 10); Ordnance Depot, Lacarne, Ohio. restricted area. 334.855 Salt River, Rolling Fork River, 334.1060 Oakland Outer Harbor adjacent to Otter Creek; U.S. Army Garrison, Fort the Oakland Army base; restricted area. Knox Military Reservation; Fort Knox, 334.1065 U.S. Coast Guard Station, San Kentucky; danger zone. Francisco Bay, Yerba Buena Island, San 334.860 San Diego Bay, Calif., Naval Am- Francisco Bay, California; restricted phibious Base; restricted area. area. 334.865 Naval Air Station North Island, San 334.1070 San Francisco Bay between Treas- Diego, California, restricted area. ure Island and Yerba Buena Island; naval 334.866 Pacific Ocean at Naval Base Coro- restricted area. nado, in the City of Coronado, San Diego 334.1080 San Francisco Bay adjacent to County, California; naval danger zone. northeast corner of Treasure Island; 334.870 San Diego Harbor, Calif.; restricted naval restricted area. area. 334.1090 San Francisco Bay in vicinity of 334.880 San Diego Harbor, Calif.; naval re- the NSC Fuel Department, Point Molate stricted area adjacent to Point Loma. restricted area. 334.890 Pacific Ocean off Point Loma, Calif.; 334.1100 San Pablo Bay, Carquinez Strait, naval restricted area. and Mare Island Strait in vicinity of U.S. 334.900 Pacific Ocean, U.S. Marine Corps Naval Shipyard, Mare Island; restricted Base, Camp Pendleton, Calif.; restricted area. area. 334.1110 Suisun Bay at Naval Weapons Sta- 334.905 Pacific Ocean, offshore of Camp Pen- tion, Concord; restricted area. dleton, California; Fallbrook restricted 334.1120 Pacific Ocean in the vicinity of area. Point Mugu, Calif.; naval small arms fir- 334.910 Pacific Ocean, Camp Pendleton Boat ing range. Basin, U.S. Marine Corps Base, Camp 334.1125 Pacific Ocean Naval Air Weapons Pendleton, Calif.; restricted area. Station, Point Mugu, Small Arms Range, 334.920 Pacific Ocean off the east coast of Ventura County, California; danger zone. San Clemente Island, Calif.; naval re- 334.1126 Naval Base Ventura County, Point stricted area. Mugu, California; restricted area. 334.921 Pacific Ocean at San Clemente Is- 334.1127 Naval Base Ventura County, Port land, Calif.; naval restricted area. Hueneme, California; restricted area.

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334.1130 Pacific Ocean, Western Space and Ulupau Crater Weapons Training Range; Missile Center (WSMC), Vandenberg danger zone. AFB, Calif.; danger zones. 334.1390 Pacific Ocean at Barking Sands, Is- 334.1140 Pacific Ocean at San Miguel Island, land of Kauai, Hawaii; missile range fa- Calif.; naval danger zone. cility. 334.1150 Monterey Bay, Calif. 334.1400 Pacific Ocean, at Barbers Point, Is- 334.1160 San Pablo Bay, Calif.; target prac- land of Oahu, Hawaii; restricted area. tice area, Mare Island Naval Shipyard, 334.1410 Pacific Ocean, at Makapuu Point, Vallejo. Waimanalo, Island of Oahu, Hawaii, 334.1170 San Pablo Bay, Calif.; gunnery Makai Undersea Test Range. range, Naval Inshore Operations Train- 334.1420 Pacific Ocean off Orote Point, Apra ing Center, Mare Island, Vallejo. Harbor, Island of Guam, Marianas Is- 334.1180 Strait of Juan de Fuca, Wash.; air- lands; small-arms firing range. to-surface weapon range, restricted area. 334.1430 Apra Inner Harbor, Island of Guam; 334.1190 Hood Canal and Dabob Bay, Wash.; restricted area. naval non-explosive torpedo testing area. 334.1440 Pacific Ocean at Kwajalein Atoll, 334.1200 Strait of Juan de Fuca, eastern end; Marshall Islands; missile testing area. off the westerly shore of Whidbey Island; 334.1450 Atlantic Ocean off north coast of naval restricted areas. Puerto Rico; practice firing areas, U.S. 334.1210 Admiralty Inlet, entrance; naval re- Army Forces Antilles. stricted area. 334.1460 Atlantic Ocean and Vieques Sound, 334.1215 Port Gardner, Everett Naval Base, in vicinity of Culebra Island; bombing naval restricted area, Everett, Wash- and gunnery target area. ington. 334.1470 Caribbean Sea and Vieques Sound, 334.1220 Hood Canal, Bangor; naval re- in vicinity of Eastern Vieques; bombing stricted areas. and gunnery target area. 334.1230 Port Orchard; naval restricted area. 334.1480 Vieques Passage and Atlantic 334.1240 Sinclair Inlet; naval restricted Ocean, off east coast of Puerto Rico and areas. coast of Vieques Island; naval restricted 334.1244 Puget Sound, Manchester Fuel areas. Depot, Manchester, Washington; naval 334.1490 Caribbean Sea, at St. Croix, V.I.; re- restricted area. stricted areas. 334.1250 Carr Inlet; naval restricted areas. AUTHORITY: 40 Stat. 266 (33 U.S.C. 1) and 40 334.1260 Dabob Bay, Whitney Point; naval Stat. 892 (33 U.S.C. 3). restricted area. 334.1270 Port Townsend, Indian Island, SOURCE: 50 FR 42696, Oct. 22, 1985, unless Walan Point; naval restricted area. otherwise noted. 334.1275 West Arm Behm Canal, Ketchikan, Alaska, restricted areas. § 334.1 Purpose. 334.1280 Bristol Bay, Alaska; air-to-air The purpose of this part is to: weapon range, Alaskan Air Command, U.S. Air Force. (a) Prescribe procedures for estab- 334.1290 In Bering Sea, Shemya Island Area, lishing, amending and disestablishing Alaska; meteorological rocket launching danger zones and restricted areas; facility, Alaskan Air Command, U.S. Air (b) List the specific danger zones and Force. restricted areas and their boundaries; 334.1300 Blying Sound area, Gulf of Alaska, and Alaska; air-to-air gunnery practice area, (c) Prescribe specific requirements, Alaskan Air Command, U.S. Air Force. access limitations and controlled ac- 334.1310 Lutak Inlet, Alaska; restricted areas. tivities within the danger zones and re- 334.1320 Kuluk Bay, Adak, Alaska; naval restricted areas. stricted area. [58 FR 37607, July 12, 1993] 334.1325 United States Army Restricted Area, Kuluk Bay, Adak, Alaska. § 334.2 Definitions. 334.1330 Bering Strait, Alaska; naval restricted area off Cape Prince of Wales. (a) Danger zone. A defined water area 334.1340 Pacific Ocean, Hawaii; danger (or areas) used for target practice, zones. bombing, rocket firing or other espe- 334.1350 Pacific Ocean, Island of Oahu, Ha- cially hazardous operations, normally waii; danger zone. for the armed forces. The danger zones 334.1360 Pacific Ocean at Barber’s Point, Is- may be closed to the public on a full- land of Oahu, Hawaii; danger zone. 334.1370 Pacific Ocean at Keahi Point, Is- time or intermittent basis, as stated in land of Oahu, Hawaii; danger zone. the regulations. 334.1380 Marine Corps Base Hawaii (MCBH), (b) Restricted area. A defined water Kaneohe Bay, Island of Oahu, Hawaii— area for the purpose of prohibiting or

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limiting public access to the area. Re- cies shall be made at least two weeks stricted areas generally provide secu- prior to the planned event, or earlier, if rity for Government property and/or required for distribution of Local No- protection to the public from the risks tice to Mariners by the Coast Guard. of damage or injury arising from the [58 FR 37607, July 12, 1993] Government’s use of that area. [58 FR 37607, July 12, 1993] § 334.4 Establishment and amendment procedures. § 334.3 Special policies. (a) Application. Any request for the (a) General. The general regulatory establishment, amendment or revoca- policies stated in 33 CFR part 320 will tion of a danger zone or restricted area be followed as appropriate. In addition, must contain sufficient information for danger zone and restricted area regula- the District Engineer to issue a public tions shall provide for public access to notice, and as a minimum must con- the area to the maximum extent prac- tain the following: ticable. (1) Name, address and telephone num- (b) Food fishing industry. The author- ber of requestor including the identity ity to prescribe danger zone and re- of the command and DoD facility and stricted area regulations must be exer- the identity of a point of contact with cised so as not to unreasonably inter- phone number. fere with or restrict the food fishing in- (2) Name of waterway and if a small dustry. Whenever the proposed estab- tributary, the name of a larger con- lishment of a danger zone or restricted necting waterbody. area may affect fishing operations, the (3) Name of closest city or town, District Engineer will consult with the county/parish and state. Regional Director, U.S. Fish and Wild- (4) Location of proposed or existing life Service, Department of the Interior danger zone or restricted area with a and the Regional Director, National map showing the location, if possible. Marine Fisheries Service, National (5) A brief statement of the need for Oceanic & Atmospheric Administration the area, its intended use and detailed (NOAA). description of the times, dates and ex- (c) Temporary, occasional or intermittent of restriction. tent use. If the use of the water area is (b) Public notice. (1) The Corps will desired for a short period of time, not normally publish public notices and to exceed thirty days in duration, and FEDERAL REGISTER documents concur- that planned operations can be con- rently. Upon receipt of a request for ducted safely without imposing unrea- the establishment, amendment or rev- sonable restrictions on navigation, and ocation of a danger zone or restricted without promulgating restricted area area, the District Engineer should for- regulations in accordance with the reg- ward a copy of the request with his/her ulations in this section, applicants recommendation, a copy of the draft may be informed that formal regula- public notice and a draft FEDERAL REG- tions are not required. Activities of ISTER document to the Office of the this type shall not reoccur more often Chief of Engineers, ATTN: CECW-OR. than biennially (every other year), un- The Chief of Engineers will publish the less danger zone/restricted area rules proposal in the FEDERAL REGISTER con- are promulgated under this part. Prop- current with the public notice issued er notices for mariners requesting that by the District Engineer. vessels avoid the area will be issued by (2) Content. The public notice and the Agency requesting such use of the FEDERAL REGISTER documents must in- water area, or if appropriate, by the clude sufficient information to give a District Engineer, to all known inter- clear understanding of the proposed ac- ested persons. Copies will also be sent tion and should include the following to appropriate State agencies, the items of information: Commandant, U.S. Coast Guard, Wash- (i) Applicable statutory authority or ington, DC 20590, and Director, Defense authorities; (40 Stat. 266; 33 U.S.C. 1) Mapping Agency, Hydrographic Center, and (40 Stat. 892; 33 U.S.C. 3) Washington, DC 20390, ATTN: Code NS (ii) A reasonable comment period. 12. Notification to all parties and Agen- The public notice should fix a limiting

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date within which comments will be re- mentation prepared in accordance with ceived, normally a period not less than appendix B to 33 CFR part 325, the 30 days after publication of the notice. record of any public hearings, if held, a (iii) The address of the District Engi- summary of any comments received neer as the recipient of any comments and a response thereto, and a draft of received. the regulation as it is to appear in the (iv) The identity of the applicant/pro- FEDERAL REGISTER. ponent; (f) Final decision. The Chief of Engi- (v) The name or title, address and neers will notify the District Engineer telephone number of the Corps em- of the final decision to either approve ployee from whom additional informa- or disapprove the regulations. The Dis- tion concerning the proposal may be trict Engineer will notify the appli- obtained; cant/proponent and publish a public no- (vi) The location of the proposed ac- tice of the final decision. Concurrent tivity accompanied by a map of suffi- with issuance of the public notice the cient detail to show the boundaries of Office of the Chief of Engineers will the area(s) and its relationship to the publish the final decision in the FED- surrounding area. ERAL REGISTER and either withdraw the (3) Distribution. Public notice will be proposed regulation or issue the final distributed in accordance with 33 CFR regulation, as appropriate. The final 325.3(d)(1). In addition to this general rule shall become effective no sooner distribution, public notices will be sent than 30 days after publication in the to the following Agencies: FEDERAL REGISTER unless the Chief of (i) The Federal Aviation Administra- Engineers finds that sufficient cause tion (FAA) where the use of airspace is exists and publishes that rationale involved. with the regulations. (ii) The Commander, Service Force, U.S. Atlantic Fleet, if a proposed ac- [58 FR 37608, July 12, 1993] tion involves a danger zone off the U.S. Atlantic coast. § 334.5 Disestablishment of a danger (iii) Proposed danger zones on the zone. U.S. Pacific coast must be coordinated (a) Upon receipt of a request from with the applicable commands as fol- any agency for the disestablishment of lows: a danger zone, the District Engineer Alaska, Oregon and Washington: shall notify that agency of its responsi- Commander, Naval Base, Seattle bility for returning the area to a condi- California: tion suitable for use by the public. The Commander, Naval Base, San Diego agency must either certify that it has Hawaii and Trust Territories: not used the area for a purpose that re- Commander, Naval Base, Pearl Harbor quires cleanup or that it has removed (c) Public hearing. The District Engi- all hazardous materials and munitions, neer may conduct a public hearing in before the Corps will disestablish the accordance with 33 CFR part 327. area. The agency will remain respon- (d) Environmental documentation. The sible for the enforcement of the danger District Engineer shall prepare envi- zone regulations to prevent unauthor- ronmental documentation in accord- ized entry into the area until the area ance with appendix B to 33 CFR part is deemed safe for use by the public and 325. the area is disestablished by the Corps. (e) District Engineer’s recommendation. (b) Upon receipt of the certification After closure of the comment period, required in paragraph (a) of this sec- and upon completion of the District tion, the District shall forward the re- Engineer’s review he/she shall forward quest for disestablishment of the dan- the case through channels to the Office ger zone through channels to CECW- of the Chief of Engineers, ATTN: OR, with its recommendations. Notice CECW-OR with a recommendation of of proposed rulemaking and public pro- whether or not the danger zone or re- cedures as outlined in § 334.4 are not stricted area regulation should be pro- normally required before publication of mulgated. The District Engineer shall the final rule revoking a restricted include a copy of environmental docu- area or danger zone regulation. The

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disestablishment/revocation of the dan- vessel to ensure that no persons or ger zone or restricted area regulation watercraft are within the danger zone. removes a restriction on a waterway. Vessels may be requested to veer off [58 FR 37608, July 12, 1993] when drops are to be made, however, drops will be made only when the area § 334.6 Datum. is clear. The patrol aircraft will em- ploy the method of warning known as (a) Geographic coordinates expressed in terms of latitude or longitude, or ‘‘buzzing’’ which consists of low flight both, are not intended for plotting on by the airplane and repeated opening maps or charts whose reference hori- and closing of the throttle. zontal datum is the North American (6) Any such watercraft shall, upon Datum of 1983 (NAD 83), unless such ge- being so warned, immediately leave the ographic coordinates are expressly la- designated area and, until the conclu- beled NAD 83. Geographic coordinates sion of the practice, shall remain at without the NAD 83 reference may be such distance that it will be safe from plotted on maps or charts referenced to falling projectiles. NAD 83 only after application of the (7) The regulations of this section appropriate corrections that are pub- shall be enforced by the Commandant, lished on the particular map or chart First Naval District, Boston, Massa- being used. chusetts, or such agencies as he may (b) For further information on NAD designate. 83 and National Service nautical charts [24 FR 7379, Sept. 12, 1959. Redesignated at 50 please contact: Director, Coast Survey FR 42696, Oct. 22, 1985; as amended at 62 FR (N/CG2), National Ocean Service, 17551, Apr. 10, 1997] NOAA, 1315 East-West Highway, Sta- tion 6147, Silver Spring, MD 20910–3282. § 334.20 Gulf of Maine off Cape Small, Maine; naval aircraft practice min- [60 FR 15233, Mar. 23, 1995] ing range area. § 334.10 Gulf of Maine off Seal Island, (a) The danger zone. Within an area Maine; naval aircraft bombing tar- bounded as follows: Beginning at lati- get area. tude 43°43′00″, longitude 69°46′00″; thence (a) The danger zone. A circular area to latitude 43°38′30″, longitude 69°46′00″; with a radius of 1.5 nautical miles, hav- thence to latitude 43°38′30″, longitude ing its center just easterly of Seal Is- 69°49′30″; thence to latitude 43°42′10″, land at latitude 43°53′00″ and longitude longitude 69°49′30″; thence to the point 68°44′00″. of beginning. (b) The regulations. (1) No aerial (b) The regulations. (1) Test drops bombing practice will take place in the from aircraft will be made within the danger zone after 5:00 p.m. Mondays area at intermittent periods from noon through Saturdays, at any time on until sunset local time and only during Sundays, or during foggy or inclement periods of good visibility. weather. (2) Testing will not restrict any fish- (2) Vessels or other watercraft will be ing, recreational, or commercial activi- allowed to enter the danger zone any ties in the testing area. time there are no aerial bombing exer- (3) Aircraft will patrol the area prior cises being conducted. to and during test periods to insure (3) No live ammunition or explosives that no surface vessels are within the will be dropped in the area. area. No test drops will be made while (4) Suitable Notice to Mariners, by surface vessels are transitting the area. appropriate methods, will be issued by (4) No live ammunition or explosives the Commander, First Coast Guard will be dropped in the area. District, Boston, Massachusetts; upon (5) The regulations of this section request of the Commandant, First shall be enforced by the Commandant, Naval District, Boston, Massachusetts, First Naval District, Boston, Mass., or or his designated agent. (5) Prior to the conducting of each such agencies as he may designate. bombing practice, the area will be pa- [36 FR 5218, Mar. 18, 1971. Redesignated at 50 trolled by a naval aircraft or surface FR 42696, Oct. 22, 1985]

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§ 334.30 Gulf of Maine off Pemaquid (2) This section shall be enforced by Point, Maine; naval sonobuoy test the Commandant, First Naval District, area. and such agencies as he may designate. (a) The area. The test area or ‘‘Foul [14 FR 5592, Sept. 13, 1949. Redesignated at 50 Area’’ encompasses a circular area one FR 42696, Oct. 22, 1985, as amended at 62 FR nautical mile in radius, the center of 17551, Apr. 10, 1997] which is located 7.9 nautical miles, ° § 334.45 Kennebec River, Bath Iron bearing 187 magnetic from Pemaquid Works Shipyard, naval restricted Light. area, Bath, Maine. (b) The regulations. (1) Sonobuoy (a) The area. The waters within a cof- drops will be made only in the des- fin shaped area on the west side of the ignated area and when visibility is at river south of the Carlton (Route 1) least three miles. highway bridge beginning on the west- (2) Sonobuoy drop tests will normally ern shore at latitude 43°54′40.7″ N, lon- be conducted at intermittent periods gitude 069°48′44.8″ W; thence easterly to on a 5-day week basis, Monday through latitude 43°54′ 40.7″ N, longitude Friday. However, on occasion tests 069°48′36.8″ W; thence southeasterly to may be conducted intermittently on a latitude 43°54′10.4″ N, longitude seven-day week basis. 069°48′34.7″ W; thence southwesterly to (3) Prior to and during the period latitude 43°53′55.1″ N, longitude when sonobuoys are being dropped, an 069°48′39.1″ W; thence westerly to lati- escort vessel or naval aircraft will be tude 43°53′55.1″ N, longitude 69°48′51.8″ in the vicinity to ensure that no per- W; thence northerly along the westerly sons or vessels are in the testing area. shoreline to the point of origin. Vessels may be requested to veer off (b) The regulation. All persons, swim- when sonobuoys are about to be mers, vessels and other craft, except dropped, however, drops will be made those vessels under the supervision or contract to local military or Naval au- only when the area is clear. thority, vessels of the United States (4) The sonobuoys drops will be made Coast Guard, and local or state law en- in connection with the production and forcement vessels, are prohibited from experimentation of sonobuoys. entering the restricted areas without (5) No live ammunition or explosives permission from the Supervisor of will be involved. Shipbuilding, USN Bath Maine or his (6) The regulations in this section authorized representative shall be enforced by the Commanding (c) Enforcement. The regulation in Officer, U.S. Naval Air Station, Bruns- this section, promulgated by the wick, Maine, or such agencies as he United States Army Corps of Engi- may designate. neers, shall be enforced by the, Super- visor of Shipbuilding, Conversion and [27 FR 4280, May 4, 1962. Redesignated at 50 Repair Bath, United States Navy and/ FR 42696, Oct. 22, 1985, as amended at 62 FR or such agencies or persons as he/she 17551, Apr. 10, 1997] may designate. § 334.40 Atlantic Ocean in vicinity of [67 FR 20446, Apr. 25, 2002] Duck Island, Maine, Isles of Shoals; naval aircraft bombing target area. § 334.50 Piscataqua River at Ports- mouth Naval Shipyard, Kittery, (a) The danger zone. A circular area Maine; restricted areas. with a radius of 500 yards having its center on Shag Rock in the vicinity of (a) The areas. Duck Island at latitude 43°00′12″, lon- Area No. 1: The area bounded by a line at a gitude 70°36′12″. point on the easterly side of Seavey Island (b) The regulations. (1) No person or at latitude 43°04′37″ N, longitude 70°43′44″ W, thence to latitude 43°04′36″ N; longitude vessel shall enter or remain in the dan- 70°43′40″ N, thence to the pier on the west- ger zone from 8:00 a.m. to 5:00 p.m. erly side of Clark Island at latitude (local time) daily, except as authorized 43°04′36.5″ N, longitude 70°43′34″ W; thence by the enforcing agency. along the northerly side of Clark Island to a point on the easterly side at latitude

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43°04′37″ N, longitude 70°43′25″ W, thence § 334.70 Buzzards Bay, and adjacent northeasterly to the easterly side of Ja- waters, Mass.; danger zones for maica Island at latitude 43°04′49″ N, lon- naval operations. gitude 70°43′24″ W, thence along the southerly and westerly sides of Jamaica Island (a) Atlantic Ocean in vicinity of No and thence generally along the easterly Mans Land—(1) The area. The waters side of Seavey Island to the point of begin- surrounding No Mans Land within an ning. area bounded as follows: Beginning at Area No. 2: The area bounded by a line begin- latitude 41°12′30″, longitude 70°50′30″; ning at a point on the southerly side of thence northwesterly to latitude Seavey Island at Henderson Point at lati- 41°15′30″, longitude 70°51′30″; thence ° ′ ″ ° ′ ″ tude 43 04 29 N, longitude 70 44 14 W; northeasterly to latitude 41°17′30″, lon- thence to latitude 43°04′29.5″ N, longitude ° ′ ″ ° ′ ″ ° ′ ″ gitude 70 50 30 ; thence southeasterly to 70 44 17.4 W; thence to latitude 43 04 36.6 ° ′ ″ ° ′ ″ N, longitude 70°44′22.6″ W; thence to lati- latitude 41 16 00 , longitude 70 47 30 ; tude 43°04′44.8″ N, longitude 70°44′33.2″ W; thence south to latitude 41°12′30″, lon- thence to latitude 43°04′47.4″ N, longitude gitude 70°47′30″; thence westerly to the 70°44′42.1″ W; thence to latitude 43°04′48″ N, point of beginning. longitude 70°44′52″ W; thence to latitude (2) The regulations. The vessel or per- 43°04′49″ N, longitude 70°44′54″ W; thence to son shall at any time enter or remain ° ′ ″ ° ′ ″ latitude 43 04 51 N, longitude 70 44 55 W; within a rectangular portion of the thence to latitude 43°04′53″ N, longitude ° ′ ″ ° ′ ″ area bounded on the north by latitude 70 44 53 W; thence to latitude 43 04 57 N, ° ′ ″ longitude 70°44′47″ W; thence to latitude 41 16 00 , on the east by longitude 43°04′58″ N, longitude 70°44′46″ W; thence to 70°47′30″, on the south by latitude latitude 43°05′02″ N, longitude 70°44′36″ W; 41°12′30″, and on the west by longitude thence to latitude 43°05′04″ N, longitude 70°50′30″, or within the remainder of the 70°44′31″ W; thence along the westerly side area between November 1, and April 30, of Seavey Island to the beginning point. inclusive, except by permission of the (b) The regulations. All persons, ves- enforcing agency. sels and other craft, except those ves- (3) The regulations in this paragraph sels under the supervision of or con- shall be enforced by the Commandant, tract to local military or naval author- First Naval District, and such agencies ity, are prohibited from entering the as he may designate. restricted areas without permission [26 FR 11195, Nov. 28, 1961, as amended at 27 from the Commander, Portsmouth FR 10296, Oct. 20, 1962; 33 FR 10930, Aug. 1, Naval Shipyard or his/her authorized 1968. Redesignated at 50 FR 42696, Oct. 22, representative. 1985, as amended at 62 FR 17552, Apr. 10, 1997] [46 FR 43045, Aug. 26, 1981, 46 FR 61116, Dec. § 334.75 Thames River, Naval Sub- 15, 1981. Redesignated at 50 FR 42696, Oct. 22, marine Base New London, re- 1985, as amended at 62 FR 17551, Apr. 10, 1997] stricted area. (a) The area: The open waters of the § 334.60 Cape Cod Bay south of Wellfleet Harbor, Mass.; naval air- Thames River approximately 5 nautical craft bombing target area. miles upriver from its mouth along the boundary between Groton and Water- (a) The danger zone. A circular area ford, Connecticut, within an area with a radius of 1,000 yards having its bounded as follows: From a point on center on the aircraft bombing target the eastern shore at latitude 41°24′14.4″ hulk James Longstreet in Cape Cod N, longitude 72°05′38.0″ W then north- ° ′ ″ Bay at latitude 41 49 46 , longitude erly along the coast to latitude ° ′ ″ 70 02 54 . 41°24′20.0″ N, longitude 72°05′37.9″ W (b) The regulations. (1) No person or then westerly across the river to a vessel shall enter or remain in the dan- point on the western shore at latitude ger zone at any time, except as author- 41°24′20.0″ N, longitude 72°05′55.5″ W ized by the enforcing agency. then southerly along the coast to a (2) This section shall be enforced by point on the western shore at latitude the Commandant, First Naval District, 41°24′5.0″ N, longitude 72°05′55.7″ W then and such agencies as he may designate. easterly to the western edge of the [14 FR 5592, Sept. 13, 1949. Redesignated at 50 dredged channel to a point located at FR 42696, Oct. 22, 1985, as amended at 62 FR latitude 41°24′04.1″ N, longitude 17551, Apr. 10, 1997] 72°05′51.2″ W then southerly along the

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western edge of the dredged channel to the Naval Submarine Base, New Lon- a point at latitude 41°24′00″ N, london, Connecticut. The registration gitude 72°05′52.6″ W then southerly numbers may be obtained by con- along the western edge of the dredged tacting the Commanding Officer, Naval channel to a point located at latitude Submarine Base New London. All com- 41°23′57.1″ N, longitude 72°05′52.5″ W mercial fishermen and shell fishermen then southerly to buoy ‘‘11’’ located at must also leave the restricted area a point at latitude 41°23′45.6″ N, lon- when notified by personnel of the New gitude 72°05′53.7″ W then southerly to London Submarine Base that such use buoy ‘‘B’’ on the northeastern shore of will interfere with submarine Mamacoke Hill to a point at latitude maneuevering, operations or security. 41°23′33.8″ N, longitude 72°05′53.7″ W (3) Vessels which are owned, operated then southerly along the shore to buoy or sponsored by local, state municipali- ‘‘A at latitude 41°23′25.0″ N, longitude ties or academic institutions preparing 72°05′45.4″ W then southeasterly to buoy for or participating in a water sport or ‘‘9’’ at a point located at latitude water related recreational event spon- 41°23′15.0″ N, longitude 72°05′35.0″ W sored by those local or state munici- then easterly to a point on the eastern palities or academic institutions, or shore at latitude 41°23′15.0″ N, longitude private or commercial vessels engaged 72°05′17.9″ W then northerly along the in observing the conduct of the above shore to a point on the eastern shore at event shall be exempt from the restric- latitude 41°23′15.8″ N, longitude tions above, providing: 72°05′17.9″ W then along the following (i) The Commanding Officer, Naval points: Submarine Base New London, and the Coast Guard Captain of the Port are Latitude Longitude advised in writing at least 48 hours in 41°23′15.8″ N 72°05′22.0″ W advance of the event, or 41°23′25.9″ N 72°05′29.9″ W (ii) The event was publicized in such ° ′ ″ ° ′ ″ 41 23 33.8 N 72 05 34.7 W a manner that the local public in gen- 41°23′37.0″ N 72°05′38.0″ W 41°23′41.0″ N 72°05′40.3″ W eral had a reasonable opportunity to 41°23′47.2″ N 72°05′42.3″ W learn of the event 48 hours in advance. 41°23′53.8″ N 72°05′43.7″ W (4) The regulations in this section 41°23′59.8″ N 72°05′43.0″ W 41°24′12.4″ N 72°05′43.2″ W shall be enforced by the Commander, U.S. Naval Submarine Base New Lon- don, Connecticut, and such agencies as Then to the point of beginning on the east- he/she may designate. ern shore. (b) The regulations. (1) Vessels and [53 FR 47802, Nov. 28, 1988, as amended at 54 FR 7033, Feb. 16, 1989; 62 FR 17552, Apr. 10, other watercraft within the designated 1997] navigation channel may proceed through the restricted area at normal § 334.78 Rhode Island Sound, Atlantic operating speeds without stopping. Ocean, approximately 4.0 nautical Vessels and watercraft may also utilize miles due south of Lands End in the water area within the restricted Newport, R. I.; restricted area for area located between the western edge naval practice minefield. of the designated channel and the west- (a) The area. The open waters of ern shore for fishing, anchoring and Rhode Island Sound approximately 4.0 other recreational uses. However, all nautical miles due south of Lands End, persons, vessels and watercraft, except Newport, Rhode Island, within an area U.S. military personnel and vessels bounded as follows: Beginning at lati- must leave the restricted area when tude 41°20′29″ N., longitude 71°19′54″ W.; notified by personnel of the New Lon- thence 2000 yards easterly to latitude don Submarine Base that such use will 41°20′29″ N., longitude 71°18′34″ W.; interfere with submarine maneuvering, thence 3000 yards southerly to latitude operations or security. 41°18′57″ N., longitude 71°18′34″ W.; (2) Commercial fishermen and shell thence 2000 yards westerly to latitude fishermen may fish within the re- 41°18′57″ N., longitude 71°19′54″ W.; stricted area provided their vessels dis- thence 3000 yards northerly to the play registration numbers issued by point of beginning.

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(b) The regulations. (1) No persons, Prudence Island to a point at latitude vessels or other watercraft will be al- 41°35′43″ longitude 71°20′15 5″; thence lowed to enter the designated area dur- northwesterly to latitude 41°37′21″, lon- ing minefield training. gitude 71°20′48″; thence west to latitude (2) The practice minefield will con- 41°37′21″ longitude 71°21′48″; and thence sist of six inert drill mines each 16 south to latitude 41°33′54″, longitude inches in diameter and 5 feet long and 71°21′48″. one concrete sonar target 48 inches in (b) The Regulations. (1) No person or diameter and 48 inches high located vessel shall at any time, under any cir- within the designated area. The sonar cumstances, anchor or fish or tow a target will be permanently located in drag of any kind in the prohibited area the extreme northeast corner within the designated drill minefield area. The because of the extensive cable system six drill mines will be steel with all in- located therein. ternal mechanisms and explosives re- (2) Orders and instructions issued by moved and concrete filled. Drill mines patrol craft or other authorized rep- will be removed from the designated resentatives of the enforcing agency area within 72 hours after each shall be carried out promptly by per- minehunting training exercise. sons or vessels in or in the vicinity of (3) Training activities will be limited the prohibited area. to minehunting operations using only (3) The regulations in this section onboard sonar. Neither variable depth shall be enforced by the Commander sonar devices or mechanical mine- U.S. Naval Base, Newport, RI, and such sweeping operations will be utilized in agencies as he may designate. the area. (4) Training periods will be 2–3 days [33 FR 4464, Mar. 13, 1968. Redesignated at 50 in length and 10–15 times a year, how- FR 42696, Oct. 22, 1985; 58 FR 37608, July 12, 1993; 62 FR 17552, Apr. 10, 1997] ever during the time period July 1–mid- October, minehunting exercises will be § 334.81 Narragansett Bay, East Pas- held to minimum. sage, Coddington Cove, Naval Sta- (5) Notice to mariners will be issued tion Newport, naval restricted area, 6–8 weeks in advance of a scheduled Newport, Rhode Island. practice exercise by the Commander, U.S. Naval Base, Newport, Rhode Is- (a) The area. All of the navigable land. waters of Coddington Cove east of a (6) The regulations of this section line that connects Coddington Point at ° ′ ″ shall be enforced by the Commander, latitude 41 31 24.0 N, longitude ° ′ ″ U.S. Naval Base, Newport, Rhode Is- 071 19 24.0 W; with the outer end of the land, and such agencies as he/she may Coddington Cove Breakwater on the designate. north side of the cove at latitude 41°31′55.7″ N, longitude 071°19′28.2″ W. [52 FR 28556, July 31, 1987, as amended at 62 (b) The regulation. All persons, swim- FR 17552, Apr. 10, 1997] mers, vessels and other craft, except § 334.80 Narragansett Bay, RI; re- those vessels under the supervision or stricted area. contract to local military or Naval au- (a) Beginning at a point on the east thority, vessels of the United States shore of Conanicut Island at latitude Coast Guard, and local or state law en- 41°33′15″; thence southeasterly to lati- forcement vessels, are prohibited from tude 41°32′44″, longitude 71°21′17″; thence entering the restricted area without southerly to latitude 41°32′09″, lon- specific permission from the Com- gitude 71°21′17″; thence southeasterly to manding Officer, Naval Station New- latitude 41°31′50″, longitude 71°21′10″; port, USN, Newport, Rhode Island or thence southeasterly to latitude his/her authorized representative. 41°31′26″, longitude 71°20′33″ thence eas- (c) Enforcement. The regulation in terly to latitude 41°31′27″, longitude this section, promulgated by the 71°20′06″ thence northerly to a point on United States Army Corps of Engi- the southwesterly shore of Prudence Is- neers, shall be enforced by the United land at latitude 41°35′00″, thence north- States Navy, Commanding Officer erly along the southwesterly shore of Naval Station Newport, and/or such

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agencies or persons as he/she may des- longitude 074°03′50.2″ W; thence south- ignate. southeasterly to latitude 40°37′37.5″ N, ° ′ ″ [67 FR 65313, Oct. 24, 2002] longitude 074 03 46 W; thence southwesterly to the shore line at latitude § 334.82 Narragansett Bay, East Pas- 40°37′24.5″ N, longitude 074°04′18″ W; sage, Coasters Harbor Island, Naval thence northerly along the shore line Station Newport, Newport, Rhode to the point of origin. Island, restricted area. (b) The regulations. (1) The portion of (a) The area. The waters within a ‘‘C- the restricted area extending from the shaped’’ area adjacent to and sur- shore out to a line 600 feet east of the rounding Coasters Harbor U.S. Pierhead Line is closed to all per- Island beginning at Coddington Point sons and vessels except those vessels at latitude 41°31′24.0″ N, longitude owned by, under hire to or performing 71°19′24.0″ W; thence west southwest to latitude 41°31′21.5″ N, longitude work for Naval Station New York, 71°19′45.0″ W; thence south southwest to Staten Island, New York. latitude 41°31′04.2″ N, longitude (2) The portion of the restricted area 71°19′52.8″ W; thence due south to lati- beginning 600 feet seaward of the U.S. tude 41°30′27.3″ N, longitude 71°19′52.8″ Pierhead Line is open to transiting ves- W; thence south southeast to 41°30′13.8″ sels only. Vessels shall proceed across N, longitude 71°19′42.0″ W; thence south- the area by the most direct route and east to latitude 41°30′10.2″ N, longitude without unnecessary delay. For vessels 71°19′32.6″ W; thence due east to lati- under sail, necessary tacking shall con- tude 41°30′10.2″ N, longitude 71°19′20.0″ stitute a direct route. W; thence northerly along the main- (3) Commercial vessels at anchor will land shoreline to the point of origin. be permitted to swing into the seaward (b) The regulation. All persons, swim- portion of the restricted area while at mers, vessels and other craft, except anchor and during the tide changes. those vessels under the supervision or (c) Enforcement. The regulations in contract to local military or Naval authority, vessels of the United States this section shall be enforced by the Coast Guard, and Federal, local or Commanding Officer, Naval Station State law enforcement vessels, are pro- New York, and such agencies as he/she hibited from entering the restricted shall designate. areas without permission from the [56 FR 5300, Feb. 8, 1991] Commanding Officer Naval Station Newport, USN, Newport, Rhode Island § 334.100 Atlantic Ocean off Cape May, or his/her authorized representative. N.J.; Coast Guard Rifle Range. (c) Enforcement. (1) The regulation in this section, promulgated by the (a) The danger zone. The waters of the United States Army Corps of Engi- Atlantic Ocean within an area de- neers, shall be enforced by the United scribed as follows: Beginning at Cape States Navy, Commanding Officer May West Jetty Light; thence 180° Naval Station Newport, Newport, true, 800 yards; thence 250° true, 1,325 Rhode Island and/or other persons or yards; and thence 335° true to the shore agencies as he/she may designate. line. (b) The regulations. (1) No person or [69 FR 35519, June 25, 2004] vessel shall enter or remain in the dan- § 334.85 New York Harbor, adjacent to ger area between sunrise and sunset the Stapleton Naval Station, Staten daily, except as authorized by the en- Island, New York; restricted area. forcing agency. (a) The area. The waters of New York (2) The regulations in this section Harbor beginning at a point on shore at shall be enforced by the Commander, latitude 40°38′02″ N, longitude 074°04′24″ Third Coast Guard District, or his au- W; thence easterly to latitude thorized representative. 40°38′02.5″ N, longitude 074°04′09″ W; thence southerly to latitude 40°37′53″ N, [25 FR 12244, Nov. 30, 1960. Redesignated at 50 longitude 074°04′07″ W; thence east- FR 42696, Oct. 22, 1985, as amended at 62 FR 17552, Apr. 10, 1997] southeasterly to latitude 40°37′50″ N,

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§ 334.102 Sandy Hook Bay, Naval forced by the Commanding Officer, Weapons Station EARLE, Piers and Naval Weapons Station Earle, and/or Terminal Channel, restricted area, other persons or agencies as he/she Middletown, New Jersey. may designate. (a) The area. All of the navigable [68 FR 37971, June 26, 2003] waters within the area bounded by these coordinates: § 334.110 Delaware Bay off Cape Hen- Latitude 40°25′55.6″ N, longitude 074°04′31.4″ lopen, Del.; naval restricted area. W; thence to (a) The area. Beginning at a point on Latitude 40°26′54.0″ N, longitude 074°03′53.0″ the south shore of Delaware Bay at W; thence to longitude 75°06′12″; thence to latitude ° ′ ″ ° ′ ″ Latitude 40 26 58.0 N, longitude 074 04 03.0 38°47′25″, longitude 75°06′20″; thence to W; thence to ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ latitude 38 47 48 , longitude 75 06 00 ; Latitude 40 27 56.0 N, longitude 074 03 24.0 ° ′ ″ W; thence to thence to latitude 38 50 43 , longitude Latitude 40°27′41.7″ N, longitude 074°02′45.0″ 75°02′11″; thence to latitude 38°49′16″, W; thence to longitude 74°59′35″; thence to a point on Latitude 40°28′23.5″ N, longitude 074°02′16.6″W; the shore at latitude 38°46′09″; thence thence to northwesterly and southwesterly along Latitude 40°28′21.2″ N, longitude 074°01′56.0″ the shore at Cape Henlopen to the W; thence to point of beginning. Latitude 40°28′07.9″ N, longitude 074°02′18.6″ W; thence to (b) The regulations. (1) Anchoring, Latitude 40°27′39.3″ N, longitude 074°02′38.3″ trawl fishing, crabbing, dragging, grap- W; thence to pling, and towing with hawser on bot- Latitude 40°27′28.5″ N, longitude 074°02′10.4″ tom are prohibited in the area and no W; thence to object attached to a vessel shall be Latitude 40°26′29.5″ N, longitude 074°02′51.2″ placed on or near the bottom. W; thence to ° ′ ″ ° ′ ″ (2) This section does not apply to an- Latitude 40 26 31.4 N, longitude 074 02 55.4 chored floating navigational aids or to W; thence to Latitude 40°25′27.1″ N, longitude 074°03′39.7″W placement or removal of such aids by longitude; the Coast Guard. and thence along the shoreline to the point (3) This section does not apply to ves- of origin (NAD 83). sels engaged in commercial or pleasure boat fishing provided anchors, trawls, The Department of the Navy plans to and ground tackle are not used. install buoys along these coordinates (4) The regulations in this section to outline the Restricted Area. shall be enforced by the Commandant, (b) The regulation. (1) Except as set Fourth Naval District, and such agen- forth in subparagraph (b)(2), no per- cies as he may designate. sons, unauthorized vessels or other unauthorized craft may enter the re- [18 FR 4047, July 10, 1953. Redesignated at 50 stricted area at any time; FR 42696, Oct. 22, 1985] (2) Vessels are authorized to cross the § 334.120 Delaware Bay off Milford Terminal Channel provided that there Neck; naval aircraft bombing target are no naval vessels then transiting the area. channel bounded by: (a) The danger zone. A circular area of Latitude 40°27′41.7″ N, longitude 074°02′45.0″ one nautical mile radius having its W; thence to center in Delaware Bay at latitude Latitude 40°28′23.5″ N, longitude 074°02′16.6″ 38°58′12″, longitude 75°17′30″. W; thence to (b) The regulations. (1) Anchoring, ° ′ ″ ° ′ ″ Latitude 40 28 21.2 N, longitude 074 01 56.0 trawling, crabbing, fishing and drag- W; thence to Latitude 40°28′07.9″ N, longitude 074°02′18.6″ ging in the danger zone are prohibited W; thence to during daylight hours. Latitude 40°27′39.3″ N, longitude 074°02′38.3″ (2) The regulations in this section W); and (3) No person may swim in the Re- shall be enforced by the Commandant, stricted Area. Fourth Naval District, and such agen- (c) Enforcement. The regulation in cies as he may designate. this section, promulgated by the U.S. [20 FR 563, Jan. 26, 1955. Redesignated at 50 Army Corps of Engineers, shall be en- FR 42696, Oct. 22, 1985]

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§ 334.130 Atlantic Ocean off Wallops Is- § 334.140 Chesapeake Bay; U.S. Army land and Chincoteague Inlet, Va.; Proving Ground Reservation, Aber- danger zone. deen, Md. (a) The area. An area immediately (a) Restricted area defined. The fol- offshore from Wallops Island defined by lowing indicates the limits of the lines drawn as follows: Beginning at waters of or adjacent to the Aberdeen latitude 37°51′30″ N., longitude 75°27′30″ Proving Ground, Maryland, and inside W.; thence to latitude 37°51′30″ N., lon- of which boundaries will lie the restricted area known as the Aberdeen gitude 75°17′12″ W.; thence to latitude ° ′ ″ ° ′ ″ Proving Ground, Maryland. 37 43 18 N., longitude 75 29 42 W.; and (1) Beginning at a point on the west- ° ′ ″ thence to latitude 37 49 18 N., lon- erly side of Chesapeake Bay, at the ° ′ ″ gitude 75 29 42 W. south side of the mouth of Swan Creek, (b) The regulations. (1) Persons and Harford County, Maryland, the most vessels may enter and operate in the northerly point of the reservation danger zone at all times when warning known as Plum Point; thence south- signals are not displayed. easterly along the low water mark on (2) When warning signals are dis- the shore of Chesapeake Bay to and played, all persons and vessels in the across the north entrance of Spesutie danger zone, except vessels entering or Narrows to and thence along the low departing Chincoteague Inlet, shall water mark on the north shore of leave the zone promptly by the short- Spesutie Island to Locust Point; thence est possible route and shall remain out- along straight line from Locust Point side the zone until allowed by a patrol to Turkey Point for a distance of ap- boat to enter or the dangers signal has proximately 1,400 yards; thence fol- been discontinued. Vessels entering or lowing a line parallel with and 1,000 yards from the low water mark on the departing Chincoteague Inlet shall easterly shore of Spesutie Island to a take the shortest passage possible point 1,000 yards due southeast of through the danger zone upon display Sandy Point; thence approximately of the danger signal. southwest in a straight line to a point (3) The intent to conduct rocket- approximately 1,250 yards S. 10°30′ W. launching operations involving the from Bear Point; thence approximately area shall be indicated by a signal con- 9,275 yards S. 51°04′ W. to a point in sisting of a large orange-colored, Chesapeake Bay about 1,700 yards due ‘‘blimp-shaped’’ balloon by day and a east from Taylor Island Point; thence signal rotating alternately red and southwesterly in a straight course, ex- white beacon by night. The balloon cept such variations as may be nec- shall be flown at latitude 37°50′38″, lon- essary to include all of Pooles Island to gitude 75°28′47″ and the beacon shall be the southwesterly point of Pooles Is- displayed about 200 feet above mean land, thence in a northwesterly direc- high water at latitude 37°50′16″, lon- tion to the most southwesterly point of gitude 75°29′07″. The appropriate one of Spry Island, including all of Spry Is- these signals shall be displayed 30 min- land; thence northwesterly in a utes prior to rocket-launching time straight line to extreme southerly is- and shall remain displayed until dan- land off Lower Island Point; thence ger no longer exists. northwesterly in a straight line (4) The regulations in this section through Brier Point to a point in Sen- eca Creek where this line intersects a shall be enforced by the Director, Wal- straight line which passes through lops Station, National Aeronautics and monuments No. 124 and No. 125 on Space Administration, Wallops Island, westerly part of Carroll Island; thence Va., or such agencies as he may des- northeasterly in a straight line passing ignate. through Marshy Point, at the junction [31 FR 13445, Oct. 18, 1966. Redesignated at 50 of Dundee Creek and Saltpeter Creek, FR 42696, Oct. 22, 1985, as amended at 62 FR to the intersection of the center line of 17552, Apr. 10, 1997] Reardon Inlet with Gunpowder River, except such variations as may be necessary to exclude any and all parts of

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the point of land on the westerly side (v) The waters adjacent to Abbey of Gunpowder River about one mile Point Recovery Field more accurately south of Oliver Point; thence northerly described as area number 16; depicted along the center line of Reardon Inlet in Aberdeen Proving Ground Regula- to its intersection with the southeast- tion 210–10, Appendix A. erly line of the right of way of the (vi) The waters on the north side of Pennsylvania Railroad; thence north- the Bush River from Pond Point to east along the Pennsylvania Railroad Chelsea Chimney are closed for fishing following the reservation boundary line purposes. to shore of Bush River, and along its (2) The remainder of the restricted western shore to Fairview Point; areas will normally be open for author- thence northeast in a straight line ized use (including navigation and fish- across Bush River to concrete monu- ing) during the following hours: ment No. 64, located on the eastern (i) Monday through Thursday, 5 p.m. shore of Bush River, south of Chelsea; to 7:30 a.m.; thence along the eastern shore of Bush (ii) Weekends, 5 p.m. Friday to 7:30 River northerly to the mouth of Sod a.m. Monday; Run; thence by a broken line along the (iii) National (not state) holidays, 5 boundary of the reservation to Swan p.m. the day preceding the holiday to Creek; and thence in a straight line to 7:30 a.m. the day following the holiday. Plum Point. (The above description (3) When requirements of tests, as de- may be traced on Coast and Geodetic termined by the Commanding Officer, Chart No. 1226). Aberdeen Proving Ground, or his des- (b) Authority delegated Commanding ignee, necessitate closing the re- Officer. The Commanding Officer, Aber- stricted areas during the aforemen- deen Proving Ground, has been dele- tioned times and days, the Com- gated the authority by the Secretary of manding Officer, Aberdeen Proving the Army to designate from time to Ground, will publish appropriate circu- time by suitably posted bulletins or an- lars or cause to be broadcast over local nouncements, the conditions under radio stations notices informing the which the public, including food fisher- public of the time and days which en- men and crabbers, may enter restricted trance to the restricted waters of Aber- waters of the Aberdeen Proving deen Proving Ground by the general Ground. public will be prohibited. (4) A fleet of patrol boats will be posi- (c) Penalty. All persons who enter the tioned at the perimeter of the re- restricted waters, except as authorized stricted water zone boundaries (except in this section, without the authority in extreme weather conditions such as of the Commanding Officer, Aberdeen gales or ice) during periods of testing Proving Ground, Md., are under the to prevent unauthorized entry. If nec- terms of the information given above, essary to attract attention of another guilty of a misdemeanor and upon con- vessel about to penetrate the restricted viction thereon are punishable by a area, the patrol boat may operate a fine not exceeding $500 or by imprison- distinctive rotating blue and red light, ment not exceeding 6 months. public address system, sound a siren, or (d) Entrance into restricted waters by by radio contact on shipshore FM the public. (1) The following water areas channel 16 and citizen band channel 12. are closed to the public at all times: Buoys will mark the restricted waters (i) Supesutie Narrows—all waters along the Chesapeake Bay perimeter north and east of a line between Bear during the period, normally 4 June Point and Black Point; through 1 October annually. (ii) All creeks except Landerick (5) Authorized use. Authorized use as Creek; used in this section is defined as fish- (iii) The water adjacent to Carroll Is- ing from a vessel, navigation using a land which lies between Brier Point vessel to traverse a water area or an- and Lower Island Point also known as choring a vessel in a water area. Any Hawthorne Cove; person who touches any land, or docks (iv) The waters immediately off the or grounds a vessel, within the bound- mouth of Romney Creek; aries of Aberdeen Proving Ground,

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Maryland, is not using the area for an desire to set fixed nets and state the authorized use and is in violation of period of time for which they desire the this regulation. Further, water skiing permit to cover. Nets placed in the re- in the water area of Aberdeen Proving stricted waters are subject to damage Ground is permitted as an authorized by gunfire and bombing, and the risk of use when the water area is open for use such damage will be assumed by the by the general public providing that no holder of the permit. water skier touches any land, either (2) Holders of permits for setting dry land (fast land) or subaqueous land fixed nets must comply with the provi- and comes no closer then 200 meters sions of this part and also with from any shoreline. Further, if any per- § 206.50(d) of this chapter. son is in the water area of Aberdeen (g) Identification signs required at each Proving Ground, Maryland, outside of location of fixed nets. Fishermen and any vessel (except for the purposes of crabbers who have been granted per- water skiing as outlined above) including, but not limited to, swimming, mits to fish or crab within the re- scuba diving, or other purpose, that stricted waters of Aberdeen Proving person is not using the water in an au- Ground Reservation with fixed nets thorized manner and is in violation of must at each location have a stake se- this regulation. curely driven at the outer end of the (e) Entry onto land and limitation of line of nets on which is mounted a sign firing over land. (1) Entry onto any board which contains their name and land, either dry land (fast land) or sub- permit number. All stakes set within aqueous land, within the boundaries of the restricted area established by this the Aberdeen Proving Ground Reserva- regulation will project at least three tion as defined in paragraph (a)(1) of (3) feet above the surface of the water this section is prohibited at all times. at all ordinary high stages of the tide. Provided, the Commander, Aberdeen Nets and other fishing and crabbing Proving Ground, is authorized to grant structures erected will be marked by exceptions to this regulation either by stakes set at intervals not greater than written permission or by local regula- fifty (50) feet. Fishing and crabbing tion. Entry onto the land is punishable structures erected in Aberdeen Proving as in paragraph (c) of this section. Ground waters will be plainly marked (2) There are no limitations on test on both ends, and will be lighted with firing by Federal testing facilities at a white light between sunset and sun- Aberdeen Proving Ground over land be- rise, by and at the expense of the longing to Aberdeen Proving Ground. owner. (f) Permits required from the Com- (h) Removal of pound net poles and/or manding Officer to set fixed nets in re- stakes. At the end of the fishing and stricted waters. (1) Fishermen and crabbing season, fishermen and crabbers desiring to set fixed nets with- crabbers must remove and haul away in the restricted waters of Aberdeen from the location all pound nets, pots, Proving Ground Reservation are re- poles or stakes used in their operation. quired in every instance to have a written permit. A fixed net for the purpose Pound net poles or stakes must not be of this paragraph is defined as a pound cast adrift after removal. net, staked gill net, hedge fike net, (i) Restrictions on fishermen and hoop net, eel pot, crab pot, and all crabbers. It must be distinctly under- other types of nets fastened by means stood that holders of permits to fish or of poles, stakes, weights, or anchors. crab are not authorized to enter the re- Permits to fish and crab within the restricted waters of Aberdeen Proving stricted waters of Aberdeen Proving Ground Reservation outside the hours Ground may be obtained by written ap- as announced by the Commanding Offi- plication to the Commanding Officer, cer, Aberdeen Proving Ground. In addi- Department of the Army, Aberdeen tion, the privileges granted in this Proving Ground, Attention: Provost paragraph include no right to land nor Marshall Division, Aberdeen Proving to cut or procure pound net poles or Ground, Md. Applicants for permits stakes on the Aberdeen Proving must state the location at which they Ground Reservation.

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(j) Aberdeen Proving Ground Regula- (4) The regulations in this section tions (APGR) 210–10 will govern com- shall be enforced by the Commandant, mercial fishing and crabbing and APGR Severn River Naval Command, and 210–26 will govern recreational (non- such agencies as he may designate. commercial) fishing and crabbing. This [17 FR 2573, Mar. 25, 1952, as amended at 30 section shall be enforced by the Com- FR 5631, Apr. 21, 1965. Redesignated at 50 FR mander, Aberdeen Proving Ground, and 42696, Oct. 22, 1985] such agencies as he/she may designate. (k) Compliance with Federal, State and § 334.155 Severn River, Naval Station county laws required. The taking of fish Annapolis, Small Boat Basin, An- and crabs in the waters of Aberdeen napolis, MD; naval restricted area. Proving Ground Reservation and the (a) The area. The waters within the setting of and location of nets, in a Naval Station Annapolis small boat manner not in compliance with Fed- basin and adjacent waters of the Sev- eral, State, and county laws is prohib- ern River enclosed by a line beginning ited. at the southeast corner of the U.S. (40 Stat. 266; 33 U.S.C. 3) Navy Marine Engineering Laboratory; thence to latitude 38°58′56.5″, longitude [13 FR 6915, Nov. 24, 1948, and 32 FR 15673, ° ′ ″ ° ′ ″ Nov. 14, 1967, as amended at 42 FR 41281, Aug. 76 28 11.5 ; thence to latitude 38 58 50.5 , 16, 1977; 48 FR 54597, Dec. 6, 1983. Redesig- longitude 76°27′52″; thence to the south- nated at 50 FR 42696, Oct. 22, 1985] east corner of the Naval Station’s seawall. § 334.150 Severn River at Annapolis, (b) The regulations. No person, vessel Md.; experimental test area, U.S. or other craft shall enter or remain in Navy Marine Engineering Labora- the restricted area at any time except tory. as authorized by the enforcing agency. (a) The restricted area. The waters of (c) Enforcement. The regulations in Severn River shoreward of a line begin- this section shall be enforced by the ning at the southeasternmost corner of Superintendent, U.S. Naval Academy, the U.S. Navy Marine Engineering Lab- in Annapolis, Maryland, and such agen- oratory sea wall and running thence cies as he/she may designate. southwesterly perpendicular to the main Severn River channel, approxi- [63 FR 68140, Dec. 9, 1998] mately 560 feet, thence northwesterly § 334.160 Severn River, at U.S. Naval parallel to and 50 feet shoreward of the Academy Santee Basin, Annapolis, edge of the channel, 1,035 feet, and Md.; naval restricted area. thence northeasterly perpendicular to the channel, approximately 600 feet, to (a) The area. The waters within the the shore. Spar buoys will mark the U.S. Naval Academy Santee Basin and corners of the area adjacent to the adjacent waters of Severn River in- channel. closed by a line beginning at the northeast corner of Dewey Field seawall; (b) The regulations. (1) No vessel or ° ′ ″ person other than specifically author- thence to latitude 38 59 03 , longitude 76°28′47.5″; thence to latitude 38°58′58″, ized military and naval vessels and per- ° ′ ″ sons shall enter or remain in the area longitude 76 28 40 ; and thence to the during its use for experimental pur- northwest corner of Farragut Field poses. At all other times vessels and seawall. persons may use the area without re- (b) The regulations. (1) No person in striction. the water, vessel or other craft shall (2) The area will be in use intermit- enter or remain in the restricted area tently, and this use will be signified by at any time except as authorized by the presence of white-painted boats or the enforcing agency. floats, which will be lighted at night. (2) The regulations in this section (3) Upon observing the boats or floats shall be enforced by the Super- referred to in paragraph (b)(2) of this intendent, U.S. Naval Academy, An- section, or upon being warned, vessels napolis, Md., and such agencies as he and persons shall immediately vacate may designate. the area and remain outside the area [32 FR 10299, July 13, 1967. Redesignated at 50 during the period of use. FR 42696, Oct. 22, 1985]

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§ 334.170 Chesapeake Bay, in the vicin- be flown from a conspicuous point on ity of Chesapeake Beach, Md.; firing the patrol vessel and from a prominent range, Naval Research Laboratory. position on shore. (a) The danger zone—(1) Area A. A (6) This section shall be enforced by roughly rectangular area bounded on the Commander, Naval Base, Norfolk, the north by latitude 38°39′55″; on the Virginia, and such agencies as he/she south by latitude 38°39′09″; on the east may designate. by longitude 76°31′03″; and on the west [13 FR 6916, Nov. 24, 1948, as amended at 17 by the shore of Chesapeake Bay. FR 4832, May 28, 1952; 48 FR 54597, Dec. 6, (2) Area B. The sector of a circle 1983. Redesignated at 50 FR 42696, Oct. 22, bounded by radii of 9,600 yards bearing 1985, as amended at 62 FR 17552, Apr. 10, 1997] 31° (to Bloody Point Bar Light) and 137°30′ (to Choptank River Approach § 334.180 Patuxent River, Md.; re- Buoy 2), respectively, from the center stricted areas, U.S. Naval Air Test Center, Patuxent River, Md. at the southeast corner of building No. 3; excluding Area A. (a) Except in the gut off the tip of (3) Area C. The segment of a circle in- Point Patience, no person in the water closed by the arcs of two circles having and no craft shall approach closer than radii of 9,600 yards and 13,200 yards, re- 75 yards to the beaches, shoreline, or spectively, and bounded by the ex- piers of the area formerly occupied by tended radii marking the north and the U.S. Naval Mine Warfare Test Sta- south limits of Area B. tion, or of U.S. Naval Air Station prop- NOTE: All bearings referred to true merid- erty. A person in the water or a civilian. ian craft shall not approach rafts, (4) Area D. A roughly rectangular barges, or platforms closer than 100 area bounded on the north by an east- yards. west line through Chesapeake Beach (b) Diving tenders will exhibit a Light 2 at the entrance channel to square red flag with white X when un- Fishing Creek; on the south by an east- derwater diving takes place from naval west line through Plum Point Shoal small craft. At such times, persons in Buoy 1 northeast from Breezy Point; on the water and civilian craft shall stay the east by the established fishing at least 200 yards clear of these vessels structure limit line; and on the west by and the civilian craft shall proceed at a the shore of Chesapeake Bay. speed not greater than five knots when (b) The regulations. (1) No person or within 1,000 yards thereof. vessel shall enter or remain in Area A (c) On occasions, seaplane landings at any time. and takeoffs will be practiced in the (2) No person or vessel shall enter or seadrome area north of the U.S. Naval remain in Area B or Area C between Air Station, Patuxent River. This area the hours of 1:00 p.m. and 5:00 p.m. includes those waters of the Patuxent daily except Sundays, except that River between Town Point and Hog through navigation of commercial Point shoreward of a line described as craft will be permitted in Area C at all follows: Beginning at a point on the times, but such vessels shall proceed on shore just west of Lewis Creek, bearing their normal course and shall not delay 161°30′ true, 2,000 yards from Patuxent their progress. River Light 8; thence to a point bear- (3) No fishing structures, other than ing 130° true, 1,850 yards from Patuxent those presently in established loca- River Light 8; thence to a piont bear- tions, which may be maintained, will ing 247°30′ true, 3,650 yards from Drum be permitted to be established in Area Point Light 2; thence to point bearing D without specific permission from the 235° true, 2,060 yards from Drum Point Commanding Officer, Naval Research Light 2; thence to a point bearing 129° Laboratory. true, 700 yards from Drum Point Light (4) The areas will be in use through- 2; thence to a point bearing 137° true, out the year, and no further notice is 1,060 yards from Drum Point Light 2; contemplated that firing is continuing. and thence to a point on the shore west (5) Prior to the conduct of each firing of Harper Creek entrance, bearing practice a patrol vessel will patrol the 158°30′ true, 1,900 yards from Drum range to warn navigation. ‘‘Baker’’ will Point Light 2.

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(d) The regulations in this section non-participant boats from the danger shall be enforced by the Commanding zone, surface or air search of the entire Officer, U.S. Naval Air Station, Patux- area will be made for the purpose of lo- ent River, Md., and such agencies as he cating and warning all craft and per- may designate. sons not connected with the test or [30 FR 4198, Mar. 31, 1965, as amended at 48 training event, and a patrol will be FR 54598, Dec. 6, 1983. Redesignated at 50 FR maintained throughout the duration of 42696, Oct. 22, 1985] the event. (5) All persons, vessels, or other craft § 334.190 Chesapeake Bay, in vicinity shall clear the area when warned by pa- of Bloodsworth Island, MD, U.S. trol vessels. Navy. (6) Patrol vessels will provide warn- (a) The areas—(1) Prohibited area. All ing that a potentially hazardous test or waters within a circle 0.5 miles in ra- training event is in progress or is about dius with its center at latitude to commence; when so warned, fishing 38°10′00″, longitude 76°06′00″; or oystering vessels or other craft not Bloodsworth Island, Pone Island, directly connected with the event shall Northeast Island, and Adams Island. not navigate within the danger zone. (2) The danger zone. All waters of Deep-draft vessels proceeding in estab- Chesapeake Bay and Tangier Sound lished navigation channels normally within an area bounded as follows: Be- will be permitted to traverse the area ° ′ ″ ginning at latitude 38 08 15 , longitude upon coordination with range patrol ° ′ ″ ° ′ ″ 76 10 00 ; thence to latitude 38 12 00 , vessels. The patrol vessels will ensure ° ′ ″ longitude 76 10 00 ; thence to latitude safe separation between all non-partic- ° ′ ″ ° ′ ″ 38 12 00 , longitude 76 07 00 ; thence to ipant vessels and potentially hazardous ° ′ ″ ° ′ ″ latitude 38 13 00 , longitude 76 06 00 ; operations. thence to latitude 38°13′00″, longitude (7) When potentially hazardous test- 76°04′00″; thence to latitude 38°12′00″, ing or training is not in progress or is longitude 76°02′00″; thence to latitude not about to commence, oystering and 38°12′00″, longitude 76°00′00″; thence to fishing boats and other craft may oper- latitude 38°08′15″, longitude 76°00′00″; ate within the danger zone. thence to the point of beginning, excluding the prohibited area described (8) All potentially hazardous test or in paragraph (a)(1) of this section. training events will be performed in (b) The regulations. (1) No person, ves- such a way as to contain the hazard sel or other craft shall approach closer footprint to the established danger than 75 yards to the beaches, shoreline, zone described in paragraph (a) of this or piers of Bloodsworth Island, Pone Is- section. Naval authorities will not be land, Northeast Island, Adams Island, responsible for damage to nets, traps, or any Patuxent River Naval Air Sta- buoys, pots, fish pounds, stakes, or tion property at any time unless au- other equipment that may be located thorized to do so by the enforcing agen- within the danger zone. cy. No person, vessel or other craft (9) Nothing in this regulation shall be shall approach rafts, barges, or plat- intended to prevent the lawful use of forms closer than 100 yards. approved waterfowl hunting blinds (2) No person, vessel, or other craft along the shorelines of Bloodsworth Is- shall enter or remain in the danger land range complex, provided that all zone when notified by the enforcing au- necessary licenses and permits have thority to keep clear. Any watercraft been obtained from the Maryland De- under way or at anchor, upon being so partment of Natural Resources and the warned, shall immediately vacate the completed copy of the permit has been area and shall remain outside the area submitted to the Conservation Division until conclusion of potentially haz- Director at NAS Patuxent River. Wa- ardous test or training events. terfowl hunters must observe all warn- (3) The area will be in use intermit- ings and range clearances, as noted tently throughout the year. herein. (4) Prior to the commencement of (10) The regulations in this section any potentially hazardous test or shall be enforced by the Commander, training event that requires clearing of Naval Air Station Patuxent River,

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Maryland, and such agencies as he/she Commanding Officer, U.S. Naval Air may designate. Station, Patuxent River, Md. (v) Naval authorities will not be re- [72 FR 65668, Nov. 23, 2007] sponsible for damage caused by projec- § 334.200 Chesapeake Bay, Point Look- tiles, bombs, missiles, or Naval or out to Cedar Point; aerial and sur- Coast Guard vessels to fishing struc- face firing range and target area, tures or fishing equipment which may U.S. Naval Air Station, Patuxent be located in the aerial firing range im- River, Maryland, danger zones. mediately adjacent to the target areas. (a) Aerial firing range—(1) The danger (b) Target areas—(1) Prohibited area. A zone. The waters of Chesapeake Bay circular area with a radius of 1,000 within an area described as follows: Be- yards having its center at latitude ginning at the easternmost extremity 38°13′00″, longitude 76°19′00″ identified of Cedar Point; thence easterly to the as Hooper Target. southern tip of Barren Island; thence (2) The area. A circular area with a southeasterly to latitude 38°01′15″, lon- radius of 1000 yards having its center at gitude 76°05′33″; thence southwesterly latitude 38 degrees 02 minutes 18 sec- to latitude 37°59′25″, longitude 76°10′54″; onds longitude 76 degrees 09 minutes 26 thence northwesterly to latitude seconds identified as Hannibal Target. ° ′ ″ ° ′ ″ 38 02 20 , longitude 76 17 26 ; thence (3) The regulations. Nonexplosive pro- northerly to Point No Point Light; jectiles and bombs will be dropped at thence northwesterly to the shore at frequent intervals in the target areas. ° ′ ″ latitude 38 15 45 ; thence northeasterly Hooper and Hannibal target areas shall along the shore to the point of begin- be closed to navigation at all times, ex- ning. Aerial and surface firing and cept for vessels engaged in operational dropping of nonexplosive ordnance will and maintenance activities as directed be conducted throughout the year. by the Commanding Officer of the U.S. (2) The regulations. (i) Through navi- Naval Air Station, Patuxent River, gation of surface craft outside the tar- Maryland. No person in the waters, get areas will be permitted at all vessel, or other craft shall enter or re- times. Vessels shall proceed on their main in the closed area or climb on normal course and shall not delay their targets except on prior written ap- progress. proval of the Commanding Officer, U.S. (ii) Prior to firing or ordnance drops, Naval Air Station, Patuxent River, the range will be patrolled by naval Maryland. surface craft or aircraft to warn (c) Enforcement. The regulations in watercraft likely to be endangered. this section shall be enforced by the Surface craft so employed will display Commanding Officer of the Naval Air a square red flag. Naval aircraft will Station, Patuxent River, Maryland and use a method of warning consisting of such agencies as he or she may des- repeated shallow dives in the area, following each dive by a sharp pullup. ignate. (iii) Any watercraft under way or at [31 FR 13648, Oct. 22, 1966, as amended at 48 anchor, upon being so warned, shall im- FR 54598, Dec. 6, 1983. Redesignated at 50 FR mediately vacate the area and shall re- 42696, Oct. 22, 1985, as amended at 64 FR 18581, main outside the area until conclusion Apr. 15, 1999] of firing practice. (iv) Nothing in this section shall pre- § 334.210 Chesapeake Bay, in vicinity of Tangier Island; naval guided mis- vent the taking of shellfish or the set- siles test operations area. ting of fishing structures within the range outside target areas in accord- (a) The danger zone—(1) Prohibited ance with Federal and State regula- area. A circle 1,000 yards in radius with tions: Provided, That no permanent or its center at latitude 37°47′54″, lon- temporary fishing structures or oyster gitude 76°03′48″. ground markers shall be placed on the (2) Restricted area. A circle three nau- western side of the Chesapeake Bay be- tical miles in radius with its center at tween Point No Point and Cedar Point latitude 37°47′54″, longitude 76°03′48″, ex- without prior written approval of the cluding the prohibited area.

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(b) The regulations. (1) Persons, ves- the Navy will not be responsible for sels or other craft shall not enter or re- damages by such projectiles, bombs, or main in the prohibited area at any rockets to nets, traps, buoys, pots, time unless authorized to do so by the fishpounds, stakes, or other equipment enforcing agency. which may be located within the re- (2) Except as otherwise provided in stricted area. paragraph (b)(6) of this section, per- (8) The regulations of this section sons, vessels or other craft shall not shall be enforced by the Commander, enter or remain in the restricted area Naval Air Bases, Fifth Naval District, when firing is or will soon be in Norfolk, Virginia, and such agencies as progress unless authorized to do so by he may designate. the enforcing agency. [13 FR 6918, Nov. 24, 1948, as amended at 22 (3) Advance notice will be given of FR 3706, May 25, 1957; 24 FR 3760, May 6, 1959. the date on which the first firing is to Redesignated at 50 FR 42696, Oct. 22, 1985, as be conducted and such notice will be amended at 62 FR 17552, Apr. 10, 1997] published in ‘‘Notice to Mariners.’’ Thereafter, the danger zone will be in § 334.220 Chesapeake Bay, south of use intermittently throughout the year Tangier Island, Va.; naval firing and no further notice is contemplated range. that firing is continuing. (a) The danger zone. Beginning at (4) Warning that firing is or will soon latitude 37°46′39″, longitude 75°57′43″, be in progress will be indicated by a red thence to latitude 37°43′42″, longitude flag displayed from one of six dolphin 75°55′30″; thence to latitude 37°27′00″, platforms on the perimeter of the pro- longitude 76°02′48″; thence to latitude hibited area, and by patrol vessels 37°27′00″; longitude 76°08′00″; thence to within the danger zone or by aircraft latitude 37°45′00″, longitude 76°09′48″; employing the method of warning thence to latitude 37°45′00″, longitude known as ‘‘buzzing’’ which consists of 76°08′51″; and thence along the circum- low flight by the airplane and repeated ference of a circle of five nautical miles opening and closing of the throttle. radius whose center is at latitude Surface or air search of the entire area 37°47′54″, longitude 76°03′48″, to the will be made prior to the commence- point of beginning. ment of firing on each scheduled day. (b) The regulations. (1) Any vessel pro- During periods of firing a patrol vessel pelled by mechanical means or by sail will remain in the approaches to the at a speed greater than five knots may restricted area and maintain contin- proceed through the danger zone to and uous contact with the firing planes to from points without, but not from one warn when the area is not clear. point to another point within, the area, (5) Upon observing the warning flag except when especially notified to the or upon receiving a warning by any of contrary. the patrol vessels or aircraft, persons, (2) All vessels, other than naval craft, vessels or other craft shall imme- are forbidden to anchor within the dan- diately vacate the restricted area and ger zone except in cases of great emer- remain outside the area until the con- gency. All vessels anchoring under cir- clusion of firing for the day. cumstances of great emergency within (6) This section shall not deny tra- the area shall leave the area imme- verse of portions of the restricted area diately after the emergency ceases or by commercial craft proceeding in es- upon notification by the enforcing tablished steamer lanes, but when fir- agency. ing is or will soon be in progress all (3) Fishing, oystering, clamming, such craft shall proceed on their nor- crabbing, and other aquatic activities mal course through the area with all are forbidden within the limits of the practicable speed. danger zone, except that existing fish- (7) All projectiles, bombs and rockets ing structures licensed by the State of will be fired to land within the prohib- Virginia may be maintained and oper- ited area, and on or in the immediate ated: Provided, The owners thereof ob- vicinity of a target in the restricted tain written permits from the enforc- area located adjacent to the west side ing agency designated in paragraph of Tangier Island. The Department of (b)(5) of this section.

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(4) Day and night firing over the of the Naval Support Facility Dahl- range will be conducted intermittently gren, a distance of about 4,080 yards; by one or more vessels, depending on thence north along the Potomac shore weather and operating schedules. When of Naval Surface Warfare Center, Dahl- firing is in progress, adequate patrol by gren to Baber Point; and thence west naval craft will be conducted to pre- along the Upper Machodoc Creek shore vent vessels from entering or remain- of Naval Surface Warfare Center, Dahl- ing within the danger zone. gren to Howland Point at latitude (5) This section shall be enforced by 38°19′0.5″, longitude 77°03′23″; thence the Commandant, Fifth Naval District, northeast to latitude 38°19′18″, lon- U. S. Naval Base, Norfolk, Virginia, gitude 77°02′29″, a point on the Naval and such agencies as he may designate. Surface Warfare Center, Dahlgren [13 FR 6918, Nov. 24, 1948, as amended at 22 shore about 350 yards southeast of the FR 6965, Dec. 4, 1957. Redesignated at 50 FR base of the Navy recreational pier. Haz- 42696, Oct. 22, 1985] ardous operations are normally conducted in this zone daily except Satur- § 334.230 Potomac River. days, Sundays, and national holidays. (a) Naval Surface Warfare Center, (iii) Upper zone. Beginning at Mathias Dahlgren, VA—(1) The areas. Portions of Point, Va.; thence north to Light 5; the Upper Machodoc Creek and Poto- thence north-northeast to Light 6; mac River near Dahlgren, VA as de- thence east-southeast to Lighted Buoy scribed below: 2, thence east-southeast to a point on (i) Lower zone. The entire portion of the Maryland shore at approximately the lower Potomac River between a latitude 38°23′35.5″, longitude 76°59′15.5″; line from Point Lookout, Maryland, to thence south along the Maryland shore Smith Point, Virginia, and a line from to, and then along, a line passing Buoy 14 (abreast of St. Clements Is- through Light 1 to the Virginia shore, land) to a point near the northeast parallel to the Harry W. Nice Bridge; shore of Hollis Marsh at latitude thence north with the Virginia shore to 38°10′00″, longitude 76°45′22.4″. Haz- the point of beginning. Hazardous oper- ardous operations are conducted in this ations are conducted in this zone at in- zone at infrequent intervals. frequent intervals. (ii) Middle zone. Beginning at the (2) The regulations. (i) Hazardous op- intersection of the Harry W. Nice erations normally take place between Bridge with the Virginia shore; thence the hours of 8 a.m. and 5 p.m. daily ex- to Light 33; thence to latitude 38°19′06″, cept Saturdays, Sundays and national longitude 76°57′06″ which point is about holidays, with infrequent night firing 3,300 yards east-southeast of Light 30; between 5 p.m. and 10:30 p.m. During a thence to Line of Fire Buoy O, about national emergency, hazardous oper- 1,150 yards southwest of Swan Point; ations will take place between the thence to Line of Fire Buoy M, about hours of 6 a.m. and 10:30 p.m. daily ex- 1,700 yards south of Potomac View; cept Sundays. Hazardous operations thence to Line of Fire Buoy K, about may involve firing large or small cal- 1,400 yards southwesterly of the lower iber guns and projectiles, aerial bomb- end of Cobb Island; thence to Buoy 14, ing, use of directed energy, and oper- abreast of St. Clements Island, thence ating manned or unmanned watercraft. southwest to a point near the north- (ii) When hazardous operations are in east shore of Hollis Marsh at latitude progress, no person, or fishing or 38°10′00″; longitude 76°45′22.4″; thence oystering vessels shall operate within northwest to Line of Fire Buoy J, the danger zone affected unless so au- about 3,000 yards off Popes Creek, Vir- thorized by the Naval Surface Warfare ginia; thence to Line of Fire Buoy L, Center, Dahlgren’s patrol boats. about 3,600 yards off Church Point; Oystering and fishing boats or other thence to Line of Fire Buoy N, about craft may cross the river in the danger 900 yards off Colonial Beach; thence to zone only after they have reported to Line of Fire Buoy P, about 1,000 yards the patrol boat and received instruc- off Bluff Point; thence northwest to tions as to when and where to cross. latitude 38°17′54″, longitude 77°01′02″, a Deep-draft vessels using dredged chan- point of the Virginia shore on property nels and propelled by mechanical

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power at a speed greater than five sources Manager at Naval Surface War- miles per hour may proceed directly fare Center, Dahlgren. Commercial through the danger zones without re- fishermen and waterfowl hunters must striction except when notified to the observe all warnings and range clear- contrary by the patrol boat. Unless in- ances, as noted herein. Federal, State structed to the contrary by the patrol and local law enforcement agencies are boat, small craft navigating up or down exempt from the provisions of para- the Potomac River during hazardous graph (a) of this section. operations shall proceed outside of the (b) Accotink Bay, Accotink Creek, and northeastern boundary of the Middle Pohick Bay; U.S. Military Reservation, Danger Zone. All craft desiring to Fort Belvoir, Va.—(1) The danger zone. enter the Middle Danger Zone when The waters of Accotink Bay, Accotink proceeding in or out of Upper Creek, and Pohick Bay, Virginia, with- Machodoc Creek during hazardous op- in and adjacent to the target ranges of erations will be instructed by the pa- the U.S. Military Reservation, Fort trol boat; for those craft that desire to Belvoir, as follows: All of Accotink proceed in or out of Upper Machodoc Bay; all of Accotink Creek below the Creek on a course between the western bridge which crosses Accotink Creek shore of the Potomac River and a line approximately 400 yards south of U.S. from the Main Dock of Naval Surface Highway No. 1; and that portion of Warfare Center, Dahlgren to Line of Pohick Bay bordering its north shore. Fire Buoy P, clearance will be granted The mouth of Accotink Bay and that to proceed upon request directed to the portion of Pohick Bay within the dan- patrol boat. ger zone will be marked by the Post (iii) Due to hazards of unexploded Commander with suitable warning ordnance, no person or craft in the buoys. Middle Danger Zone shall approach (2) The regulations. (i) When firing af- closer than 100 yards to the shoreline fecting the area is in progress, the Post of Naval Surface Warfare Center, Dahl- Commander will post guards at such lo- gren, previously known as the Naval cations that the waters in the danger Surface Weapons Center. zone may be observed and arrange sig- (3) Enforcement. The regulations shall be enforced by the Commander, Naval nals whereby these guards may stop Surface Warfare Center, Dahlgren and the firing should any person be seen in such agencies as he/she may designate. the danger zone. When firing is in Patrol boats, in the execution of their progress, the Post Commander will mission assigned herein, shall display a cause to be displayed both on the east square red flag during daylight hours shore of Accotink Bay at its mouth and for purposes of identification; at night near the danger zone boundary on time, a 32 point red light shall be dis- Accotink Creek a red streamer which played at the mast head. Naval Surface shall be visible to a person in a boat Warfare Center, Dahlgren (Range Con- near those points. trol) can be contacted by Marine VHF (ii) Persons desiring to cross the radio (Channel 16) or by telephone (540) waters in the danger zone shall first de- 653–8791. termine whether a red streamer is dis- (4) Exceptions. Nothing in this regula- played on the east Shore of Accotink tion shall be intended to prevent com- Bay at its mouth or near the danger mercial fishing or the lawful use of ap- zone boundary on Accotink Creek. If proved waterfowl hunting blinds along the red streamer is displayed, it will the shorelines of Naval Surface War- indicate that firing is in progress and fare Center, Dahlgren, provided that all that the waters in the danger zone are necessary licenses and permits have covered by rifle fire, and the area shall been obtained from the Maryland De- not be entered until the streamer is partment of Natural Resources, the lowered. Virginia Department of Game and In- (iii) The Post Commander is hereby land Fisheries, or the Potomac River authorized by using such agencies and Fisheries Commission. Waterfowl hunt- equipment necessary to stop all per- ers shall provide a completed copy of sons and boats at the boundary of the their blind permit to the Natural Re- danger zone and prohibit their crossing

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the area until convenient to the firing reflective material will be placed schedule to do so. across the Chopawamsic Creek channel at the entrance to the channel from [13 FR 6916, Nov. 24, 1948, as amended at 13 FR 9557, Dec. 31, 1948; 21 FR 2817, May 1, 1956; the Potomac River and immediately 22 FR 2951, Apr. 26, 1957; 28 FR 349, Jan. 12, west of the CSX railroad bridge. 1963; 48 FR 54597, Dec. 6, 1983. Redesignated (c) Enforcement. The regulations in at 50 FR 42696, Oct. 22, 1985, as amended at 62 this section shall be enforced by the FR 17552, Apr. 10, 1997; 76 FR 10523, Feb. 25, Commander, MCB Quantico or any 2011] such agencies he/she designates. The areas identified in paragraph (a) of this § 334.235 Potomac River, Marine Corps Base Quantico (MCB Quantico) in section will be monitored 24 hours a vicinity of Marine Corps Air Facil- day, 7 days a week. Any person or ves- ity (MCAF), restricted area. sel encroaching within the areas iden- (a) The area. All of the navigable tified in paragraph (a) of this section waters of the Potomac River extending will be directed to immediately leave approximately 500 meters from the the restricted area. Failure to do so high-water mark on the Eastern shore- could result in forceful removal and/or line of the MCAF, bounded by these co- criminal charges. ordinates (including the Chopawamsic (d) Exceptions. Commercial fisherman Creek channel, but excluding will be authorized controlled access to Chopawamsic Island): Beginning at the restricted area (with the exception latitude 38°29′34.04″ N, longitude of Chopawamisc Creek channel) after 077°18′22.4″ W (Point A); thence to lati- registering with MCB Quantico offi- tude 38°29′43.01″ N, longitude 077°18′4.1″ cials and following specific access noti- (Point B); thence to latitude 38°29′55.1″ fication procedures. N, longitude 077°17′51.3″ W (Point C); [76 FR 6328, Feb. 4, 2011; 76 FR 10524, Feb. 25, thence to latitude 38°30′10.1″ N, lon- 2011] gitude 077°17′40.3″ W (Point D); thence to latitude 38°30′23.43″ N, longitude § 334.240 Potomac River, Mattawoman 077°17′50.30″ W (Point E); then along the Creek and Chicamuxen Creek; U.S. western shoreline of Chopawamsic Is- Naval Surface Weapons Center, In- land to latitude 38°30′35.13″ N, longitude dian Head Division, Indian Head, Md. 077°17′47.45″ W (Point F); thence to latitude 38°30′42.1″ N, longitude 077°17′37.1″ (a) The danger zone. Beginning at a W (Point G); thence to latitude point on the easterly shore of the Poto- 38°30′50.71″ N, longitude 077°17′54.12″ W mac River at latitude 38°36′00″, lon- (Point H); then along the shoreline to gitude 77°11′00″; thence to latitude latitude 38°30′0.058″ N, longitude 38°34′30″; longitude 77°13′00″; thence to 077°18′39.26″ W (Point I); then across the latitude 38°33′20″, longitude 77°14′20″; Chopawamsic Channel to latitude thence to latitude 38°32′20″, longitude 38°29′58.45″ N, longitude 077°18′39.97″ W 77°15′10″; thence to latitude 38°32′00″, (Point J); thence to latitude 38°29′38.2″ longitude 77°15′00″; thence to latitude N, longitude 077°18′38.14″ W (Point K); 38°32′30″, longitude 77°14′00″; thence to and thence to the beginning point of latitude 38°32′30″, longitude 77°14′00″; origin. thence upstream along the easterly (b) The regulations. (1) All persons, shoreline of Chicamuxen Creek to its vessels, or other craft are prohibited head thence downstream along the from entering, transiting, drifting, westerly shoreline of Chicamuxen dredging, or anchoring within the re- Creek to the southernmost point of stricted area without the permission of Stump Neck; thence northeasterly the Commander, MCB Quantico or his/ along the shoreline of Stump Neck to her designated representatives. The re- the mouth of Mattawoman Creek; striction will be in place 24 hours a thence along the southeasterly shore of day, seven days a week. Mattawoman Creek to the pilings re- (2) The boundary of the restricted maining from the footbridge con- area will be demarcated with marker necting the left bank of the creek to buoys and warning signs set at 500 foot the Naval Surface Warfare Center, In- intervals. In addition, floating small dian Head Division; thence along the craft intrusion barriers marked with northwesterly shore of Mattawoman

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Creek from the pilings remaining from line at longitude 77°08′18″ and thence the footbridge to the mouth of the along the shoreline to the point of be- creek; thence in a northeasterly direc- ginning. tion along the easterly shore of the Po- (b) The regulations. No person, vessel, tomac River to the point of beginning. or other craft shall enter or remain in (b) The regulations. (1) Firings con- the area at any time except as author- sisting of controlled explosions within ized by the enforcing agency. the danger zone, and controlled shore (c) The regulations in this section operations, or accidental explosions, shall be enforced by the District Engi- hazardous to vessel traffic within the neer, U.S. Army Engineer District, limits of the danger zone, may take Philadelphia, Pa., and such agencies as place at any time of the day or night he may designate. and on any day of the week. [31 FR 16560, Dec. 28, 1966. Redesignated at 50 (2) Flashing red lights, horns, and FR 42696, Oct. 22, 1985] signs established at appropriate points will warn vessels of impending tests or § 334.260 York River, Va.; naval re- operations considered to be hazardous stricted areas. to vessels within the danger zone. (a) The areas—(1) Naval mine service- (3) No persons or vessels except ves- testing area (prohibited). A rectangular sels of the United States or vessels au- area surrounding Piers 1 and 2, Naval thorized by the enforcing agency shall Weapons Station, and extending up- enter or remain in the danger zone stream therefrom, beginning at a point while lights are flashing, when warning on the shore line at latitude 37°15′25″ horns are in operation, or when warned N., longitude 76°32′32″ W.; thence to or directed by a patrol vessel. latitude 37°15′42″ N., longitude 76°32′06″ (4) Nothing in this section shall pro- W.; thence to latitude 37°15′27″ N., lon- hibit the use of Mattawoman Creek or gitude 76°31′48″ W.; thence to latitude Chicamuxen Creek as a harbor of ref- 37°15′05″ N., longitude 76°31′27″ W.; uge because of stress of weather. thence to a point on the shore line at (5) Except as prescribed in paragraph latitude 37°14′51″ N., longitude 76°31′50″ (b)(3) of this section, persons and ves- W.; and thence along the shore line to sels may enter and proceed through the the point of beginning. danger zone without restriction. How- (2) Naval mine service-testing area ever, accidental explosions may occur (restricted). A rectangular area adjacent at any time and persons and vessels en- to the northeast boundary of the pro- tering the area do so at their own risk. hibited area described in subparagraph (6) Fishermen operating in the dan- (1) of this paragraph, beginning at lati- ger zone when warning signals are tude 37°16′00″ N., longitude 76°32′29″ W.; sounded shall evacuate the area imme- thence to latitude 37°16′23″ N., lon- diately. gitude 76°32′00″ W.; thence to latitude (7) The regulations in this section 37°15′27″ N., longitude 76°30′54″ W.; shall be enforced by the Commanding thence to latitude 37°15′05″ N., lon- Officer, U.S. Naval Surface Warfare gitude 76°31′27″ W.; thence to latitude Center, Indian Head Division, Indian 37°15′27″ N., longitude 76°31′48″ W.; Head, Maryland. thence to latitude 37°15′42″ N., lon- ° ′ ″ [26 FR 9748, Oct. 17, 1961, as amended at 48 FR gitude 76 32 06 W.; thence to latitude 54598, Dec. 6, 1983. Redesignated at 50 FR 37°15′40″ N., longitude 76°32′09″ W.; and 42696, Oct. 22, 1985, as amended at 62 FR 17552, thence to the point of beginning. Apr. 10, 1997] (3) Explosives-Handling Berth (Naval). A circular area of 600 yards radius with § 334.250 Gunston Cove, at Whitestone its center at latitude 37°13′56″ N., lon- Point, Va.; U.S. Army restricted gitude 76°28′48″ W. area. (b) The regulations. (1) All persons and (a) The area. The waters within an all vessels other than naval craft are area beginning at a point on the shore- forbidden to enter the prohibited area line at longitude 77°08′36″; thence to described in paragraph (a)(1) of this latitude 38°40′22″, longitude 77°08′39″; section. thence to latitude 38°40′14″, longitude (2) Trawling, dragging, and net-fish- 77°08′22″; thence to a point on the shore- ing are prohibited, and no permanent

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obstructions may at any time be placed 76°35′38″ W.; thence to a point offshore in the area described in paragraph at latitude 37°17′52″ N., longitude (a)(2) of this section. Upon official noti- 76°35′20″ W.; thence approximately par- fication, any vessel anchored in the allel to the shore to a point at latitude area and any person in the area will be 37°17′23″ N., longitude 76°34′39″ W.; required to vacate the area during the thence to the shore at latitude 37°16′58″ actual mine-laying operation. Persons N., longitude 76°35′03″ W.; and thence and vessels entering the area during along the shore at Cheatham Annex mine-laying operations by aircraft Depot to the point of beginning. must proceed directly through the area (b) The regulations. (1) No loitering without delay, except in case of emer- will be permitted within the area. Oys- gency. Naval authorities are required termen may work their own leaseholds to publish advance notice of mine-lay- or public bottom within the area, pro- ing and/or retrieving operations sched- vided they obtain special permission uled to be carried on in the area, and from the Officer in Charge, Cheatham during such published periods of oper- Annex Depot, Naval Supply Center, ation, fishing or other aquatic activi- Williamsburg, Virginia. ties are forbidden in the area. No vessel (2) The regulations in this section will be denied passage through the area shall be enforced by the Officer in at any time during either mine-laying Charge, Cheatham Annex Depot, U.S. or retreiving operations. Naval Supply Center, Williamsburg, (3) The Explosives-Handling Berth Virginia. (Naval) described in paragraph (a)(3) of [22 FR 4814, July 9, 1957. Redesignated at 50 this section is reserved for the exclu- FR 42696, Oct. 22, 1985] sive use of naval vessels and except in cases of emergency no other vessel § 334.275 North and Southwest Branch, shall anchor therein without the per- Back River, Hampton, U.S. Air mission of local naval authorities, ob- Force Base, Langley, Va.; restricted tained through the Captain of the Port, area. U.S. Coast Guard, Norfolk, Va. There (a) The area. Beginning at a point on shall be no restriction on the move- the island at the entrance to Tide Mills ment of vessels through the Explosive- Creek in the Southwest Branch of the Handling Berth. Back River at latitude 37°03′50″ N, lon- (4) Vessels shall not be anchored, nor gitude 076°22′00″ W, thence along the shall persons in the water approach shore of Langley Air Force Base, 35 within 300 yards of the perimeter of the yards off the ordinary mean high water Explosives-Handling Berth when that (MHW) mark, to a point in the North- berth is occupied by a vessel handling west Branch of the Back River at lati- explosives. tude 37°06′40″ N, longitude 076°22′55″ W. (5) The regulations of this section (b) The regulations. (1) No persons or shall be enforced by the Commander, vessels, recreational or commercial, Naval Base, Norfolk, Virginia, and such may enter this restricted area without agencies as he may designate. the permission of the Commanding Of- ficer, Langley Air Force Base. (Secs. 1–4, 40 Stat. 892, sec. 1, 38 Stat. 800; 33 U.S.C. 3, 471) (2) The Commanding Officer shall not prevent persons from fulfilling their [26 FR 11198, Nov. 28, 1961, as amended at 27 legal obligation to the Commonwealth FR 2465, Mar. 14, 1962; 30 FR 220, Jan. 8, 1965; of Virginia with regard to oyster plant- 35 FR 4552, Mar. 14, 1970. Redesignated at 50 FR 42696, Oct. 22, 1985, as amended at 58 FR ing ground leases that lie within the 37608, July 12, 1993] restricted area. The Commanding Offi- cer may, at his/her discretion, require § 334.270 York River adjacent to those persons and vessels working Cheatham Annex Depot, Naval Sup- those leases to register with the Lang- ply Center, Williamsburg, Va.; re- ley Air Force Base Security Officer on stricted area. an annual basis. Failure to comply (a) The area. The waters of York with this request may result in denial River bounded as follows: Beginning at to access the oyster grounds until such a point on shore at Cheatham Annex time as the request has been complied Depot at latitude 37°17′14″ N., longitude with.

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(3) Persons or vessels contracted with of the schedule of intended Army use of or utilized by the Commonwealth of the restricted area. Virginia to work the oyster grounds (5) The continuation of the restricted shall give verbal notification to the area for more than 3 years after the base Security Office prior to entering date of its establishment shall be de- the restricted area. pendent upon the outcome of the con- (4) City, State and Federal law en- sideration of a request for its continu- forcement vessels may enter the re- ance submitted to the District Engi- stricted area at any time they deem neer, U.S. Army Engineer District, necessary for the enforcement of their Norfolk, Virginia, by the using agency respective laws. at least 3 months prior to the expira- (c) Enforcement. The regulations in tion of the 3 years. this section shall be enforced by the (6) The regulations in this section Commanding Officer of the Langley Air shall be enforced by the Commanding Force Base and such agencies as he/she General, Fort Eustis, Va., and such may designate. agencies as he may designate. [58 FR 47788, Sept. 10, 1993] [37 FR 4337, Mar. 2, 1972. Redesignated at 50 FR 42696, Oct. 22, 1985] § 334.280 James River between the entrance to Skiffes Creek and Mul- berry Point, Va.; army training and § 334.290 Elizabeth River, Southern small craft testing area. Branch, Va., naval restricted areas. (a) The restricted area. Beginning on (a) The areas—(1) St. Helena Annex the shore at latitude 37°09′54″ N., lon- Area. Beginning at a point at St. Hel- gitude 76°36′25″ W.; thence westerly to ena Annex of the Norfolk Naval Ship- latitude 37°09′50″ N., longitude yard, on the eastern shore of Southern 76°37′45.5″ W.; thence southerly to lati- Branch of Elizabeth River, at latitude tude 37°09′00″ N., longitude 76°38′05″ W.; 36°49′43″, longitude 76°17′26.5″; thence in thence southerly to latitude 37°08′22″ a southwesterly direction to a point on N., longitude 76°37′55″ W.; thence due the eastern boundary of Norfolk Har- east to the shore at latitude 37°08′22″ bor 40-foot channel at latitude 36°49′42″, N., longitude 76°37′22″ W.; thence north- longitude 76°17′33″; thence in a southerly along the shore to the point of be- erly direction along the eastern bound- ginning. ary of Norfolk Harbor 40-foot channel (b) The regulations. (1) No vessels to latitude 36°49′28″, longitude 76°17′27″; other than Department of the Army thence easterly to the shore at latitude vessels, and no persons other than per- 36°49′28″, longitude 76°17′22″; and thence, sons embarked in such vessels shall re- northerly along the shore to the point main in or enter the restricted area ex- of beginning. cept as provided in paragraph (b)(2) of (2) Norfolk Naval Shipyard Area. Be- this section. ginning at a point on the shore at the (2) Nothing in the regulations of this northeast corner of the Norfolk Naval section shall prevent the harvesting Shipyard, at latitude 36°49′43.5″, lon- and cultivation of oyster beds or the gitude 76°17′41.5″; thence due east ap- setting of fish traps within the re- proximately 100 feet to the western stricted area under regulations of the boundary of Elizabeth River channel; Department of the Army, nor will the thence in a southerly direction along passage of fishing vessels to or from the western boundary of the channel to authorized traps be unreasonably inter- the point where it passes through the fered with or restricted. draw of the Norfolk and Portsmouth (3) Vessels anchored in the area shall Belt Line Railroad Bridge, thence in a be so anchored as not to obstruct the southwesterly direction along the arc of visibility of Deepwater Shoals northerly side of the bridge to the Light. western shore of Southern Branch of (4) The Commanding General, Fort Elizabeth River; and thence along the Eustis, Va., will, to the extent possible shore in a northerly direction to the give public notice from time to time point of beginning. through local news media and the (3) Southgate Terminal Area. Begin- Coast Guard’s Local Notice to Mariners ning at a point at the northeast corner

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of Southgate Terminal Annex of Nor- of Engineers, shall be enforced by the folk Naval Shipyard, at latitude Commander, Navy Region, Mid-Atlan- 36°48′23″, longitude 76°17′39″; thence east tic, and such agencies or persons as he/ to latitude 36°48′23″, longitude 76°17′29″; she may designate. thence southerly along the western [67 FR 6654, Feb. 13, 2002] boundary of Norfolk Harbor 35-foot channel to latitude 36°48′04″, longitude § 334.300 Hampton Roads and 76°17′33″; thence west to latitude Willoughby Bay, Norfolk Naval 36°48′04″, longitude 76°17′41″; and thence Base, naval restricted area, Norfolk, along the shore in a northerly direc- Virginia. tion to the point of beginning. (a) The area. (1) The waters within an (b) The regulations. (1) No vessels area beginning at latitude 36°55′55″ N, other than Naval vessels and other ves- longitude 76°20′02″ W; thence north- sels authorized to move to and from westerly to latitude 36°56′00″ N, lon- piers at the Norfolk Naval Shipyard gitude 76°20′08″ W; thence northerly and its two annexes described in para- along the eastern limit of Norfolk Har- graph (a) (1) and (3) of this section, and bor Channel to latitude 36°57′52″ N, lon- no person other than persons embarked gitude 76°20′00″ W; thence easterly to in such vessels, shall enter the re- latitude 36°57′52″ N, longitude 76°19′35″ stricted areas. W; thence to latitude 36°57′47.7″ N, (2) This section shall be enforced by 76°18′57″ W; thence southeasterly to the Commander, Norfolk Naval Ship- latitude 36°57′26″ N, longitude 76°18′42″ yard, Portsmouth, Va., and such agen- W; thence easterly to latitude cies as he may designate. 36°57′26.2″ N, longitude 76°17′55.2″ W; thence southerly to latitude 36°57′05″ N, [19 FR 2232, Apr. 17, 1954, as amended at 35 ° ′ ″ FR 2660, Feb. 6, 1970. Redesignated at 50 FR longitude 76 17 52 W; thence southeast- 42696, Oct. 22, 1985] erly to latitude 36°56′56.2″ N, longitude 76°17′27″ W; thence northeasterly to § 334.293 Elizabeth River, Craney Is- latitude 36°57′10″ N, latitude 76°16′29″ W; land Refueling Pier Restricted thence to the shoreline at latitude Area, Portsmouth VA; naval re- 36°57′18.8″ N, longitude 76°16′22″ W at the stricted area. Naval Air Station. (a) The area. (1) The waters within an (2) Beginning at a point on the Naval area beginning at a point on the shore Station shore at latitude 36°56′37.5″ N, at latitude 36°53′17.4″ N, longitude longitude 76°19′44″ W; thence westerly 76°20′21″ W; thence easterly to latitude and northerly along the breakwater to 36°53′16.8″ N, longitude 76°20′14.4″ W: its extremity at latitude 36°56′41.5″ N, thence southwesterly to latitude longitude 76°19′54″ W; thence westerly 36°53′00″ N, longitude 76°20′18″ W; thence to a point on the eastern limit of Nor- southeasterly to latitude 36°52′55.2″ N, folk Harbor Channel at latitude longitude 76°20′16.5″ W: thence south- 36°56′41.5″ N, longitude 76°20′05.5″ W; westerly to latitude 36°52′52.2″ N, lon- thence northerly along the eastern gitude 76°20′18″ W; thence southwest- limit of Norfolk Harbor Channel to erly to latitude 36°52′49.8″ N, longitude latitude 36°57′52″ N, longitude 76°20′00″ 76°20′25.8″ W: thence northwesterly to W; thence easterly to latitude 36°57′52″ latitude 36°52′58.2″ N, longitude N, longitude 76°19′35″ W; thence to lati- 76°20′33.6″ W; thence northeasterly to a tude 36°57′47.7″ N., longitude 73°18′57″ W; point on the shore at latitude 36°53′00″ thence southeasterly to latitude N, longitude 76°20′30″ W; thence north- 36°57′26″ N, longitude 76°18′42″ W; thence erly along the shoreline to the point of easterly to latitude 36°57′26.2″ N, lon- beginning. gitude 76°17′55.2″ W; thence southerly to (b) The regulation. No vessel or per- latitude 36°57′05″ N, longitude 76°17′52″ sons may enter the restricted area un- W; thence southeasterly to latitude less specific authorization is granted 36°56′56.2″ N, longitude 76°17′27″ W; by the Commander, Navy Region, Mid- thence northeasterly to latitude Atlantic and/or other persons or agen- 36°57′10″ N, longitude 76°16′29″ W; and cies as he/she may designate. thence to the shoreline at latitude (c) Enforcement. The regulation in 36°57′18.8″ N, longitude 76°16′22″ W, at this section, promulgated by the Corps the Naval Air Station.

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(b) The regulation. No vessel or per- object attached to a vessel or otherwise sons may enter the restricted area un- shall be placed on or near the bottom. less specific authorization is granted (2) This section shall be enforced by by the Commander, Navy Region, Mid- the Commandant, Fifth Naval District, Atlantic and/or other persons or agen- Norfolk, Va. cies as he/she may designate. (c) Enforcement. The regulation in [18 FR 8159, Dec. 12, 1953, as amended at 28 FR 349, Jan. 12, 1963. Redesignated at 50 FR this section, promulgated by the 42696, Oct. 22, 1985] United States Army Corps of Engi- neers, shall be enforced by the Com- § 334.330 Atlantic Ocean and con- mander, Navy Region, Mid-Atlantic, necting waters in vicinity of Myrtle and/or such agencies or persons as he/ Island, Va.; Air Force practice she may designate. bombing, rocket firing, and gunnery range. [67 FR 10844, Mar. 11, 2002] (a) The danger zone. The waters of the § 334.310 Chesapeake Bay, Lynnhaven Atlantic Ocean and connecting waters Roads; navy amphibious training within an area described as follows: Be- area. ginning at latitude 37°12′18″, longitude (a) The restricted area. Beginning at 75°46′00″; thence southwesterly to lati- latitude 36°55′47″, longitude 76°11′04.5″; tude 37°08′21″, longitude 75°50′00″; thence thence to latitude 36°59′04″, longitude northwesterly along the arc of a circle 76°10′11″; thence to latitude 36°58′28.5″, having a radius of three nautical miles longitude 76°07′54″; thence to latitude and centered at latitude 37°11′16″, lon- 36°55′27.5″, longitude 76°08′42″; thence gitude 75°49′29″, to latitude 37°10′14″, westerly along the shore and across the longitude 75°52′57″; thence northeast- mouth of Little Creek to the point of erly to latitude 37°14′30″, longitude beginning. 75°48′32″; thence southeasterly to (b) The regulations. (1) No fish-pound 37°13′38″, longitude 75°46′18″; and thence stakes or structures shall be allowed in southeasterly to the point of begin- the restricted area. ning. (2) No person or vessel shall approach (b) The regulations. (1) No person or within 300 yards of any naval vessel or vessel shall enter or remain in the dan- within 600 yards of any vessel dis- ger zone except during intervals speci- playing the red ‘‘baker’’ burgee. fied and publicized from time to time (3) This section shall be enforced by in local newspapers or by radio an- the Commandant, Fifth Naval District, nouncement. and such agencies as he may designate. (2) This section shall be enforced by the Commanding General, Tactical Air [13 FR 6920, Nov. 24, 1948, as amended at 22 FR 5956, July 27, 1957. Redesignated at 50 FR Command, Langley Air Force Base, 42696, Oct. 22, 1985, as amended at 62 FR 17553, Virginia, and such agencies as he may Apr. 10, 1997; 62 FR 24034, May 2, 1997] designate. [18 FR 8698, Dec. 24, 1953. Redesignated at 50 § 334.320 Chesapeake Bay entrance; FR 42696, Oct. 22, 1985, as amended at 62 FR naval restricted area. 17553, Apr. 10, 1997] (a) The area. Beginning at a point on the south shore of Chesapeake Bay at § 334.340 Chesapeake Bay off Plumtree longitude 76°03′06″; thence to latitude Island, Hampton, Va.; Air Force pre- 37°01′18″, longitude 76°02′06″; thence to cision test area. latitude 37°00′18″, longitude 75°55′54″; (a) The danger zone. The waters of thence to latitude 36°58′00″, longitude Chesapeake Bay and connecting waters 75°48′24″; thence to latitude 36°51′48″, within an area bounded as follows: Be- longitude 75°51′00″; thence to the shore ginning at latitude 37°08′12″, longitude at longitude 75°58′48″, and thence north- 76°19′30″, which is a point on the cir- westerly and southwesterly along the cumference of a circle of 10,000-foot ra- shore at Cape Henry to the point of be- dius with its center on Plumtree Point ginning. at latitude 37°07′30″, longitude 76°17′36″; (b) The regulations. (1) Anchoring, thence clockwise along the circum- trawling, crabbing, fishing, and drag- ference of the circle to latitude ging in the area are prohibited, and no 37°09′06″, longitude 76°18′00″; thence

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southeasterly to latitude 37°08′12″, lon- will be suspended as long as any vessel gitude 76°17′48″; thence clockwise along is within the danger zone. the circumference of a circle of 4,000- (3) Passage of vessels through the foot radius (with its center at latitude area will not be prohibited at any time, 37°07′30″, longitude 76°17′36″) to latitude nor will commercial fishermen be pro- 37°07′48″, longitude 76°18′24″; thence hibited from working fish nets within northwesterly to the point of begin- the area. No loitering or anchoring for ning. other purposes will be permitted during (b) The regulations. (1) The danger announced firing periods. zone will be in use not more than a (4) No firing will be done during total of 4 hours per month, which hours hours of darkness or low visibility. shall be during not more than any 2 (5) The Commander, Fort Monroe, days per month. Va., is responsible for furnishing in ad- (2) No person or vessel shall enter or vance the firing schedule to the Com- remain in the danger zone during peri- mander, 5th Coast Guard District, for ods of firing or bombing or when the publication in his ‘‘Local Notice to zone is otherwise in use. Mariners’’ and to the local press at (3) The Commander, Tactical Air Norfolk and Newport News, Va. Command, Langley Air Force Base, (c) The regulations in this section Va., shall be responsible for publicizing shall be enforced by the Commanding in advance through the Coast Guard’s Officer, Fort Monroe, Va., and such ‘‘Local Notice to Mariners,’’ in the agencies as he may designate. local press, and by radio from time to time the schedule of use of the area, [35 FR 6575, Apr. 24, 1970. Redesignated at 50 and shall station patrol boats to warn FR 42696, Oct. 22, 1985] vessels during periods of use. (4) This section shall be enforced by § 334.360 Chesapeake Bay off Fort the Commander, Tactical Air Com- Monroe, Virginia; restricted area, mand, Langley Air Force Base, Va., or U.S. Naval Base and Naval Surface Weapon Center. such agency as he may designate. (c) Disestablishment of danger zone. (a) The area. Beginning at latitude The danger zone will be disestablished 37°01′03″, longitude 076°17′52″; thence to not later than December 31, 1967, unless latitude 37°01′00″, longitude 076°16′11″; written application for its continuance thence to latitude 36°59′43″, longitude shall have been made to and approved 076°16′11″; thence to latitude 36°59′18″, by the Secretary of the Army prior to longitude 076°17′52″; thence to latitude that date. 37°00′05″, longitude 076°18′18″; thence north along the seawall to the point of [28 FR 1106, Feb. 5, 1963. Redesignated at 50 beginning. FR 42696, Oct. 22, 1985, as amended at 62 FR 17553, Apr. 10, 1997] (b) The regulations. (1) Anchoring, trawling, fishing and dragging are pro- § 334.350 Chesapeake Bay off Fort hibited in the restricted area, and no Monroe, Va.; firing range danger object, either attached to a vessel or zone. otherwise, shall be placed on or near (a) The danger zone. All of the water the bottom unless authorized by the area lying within a section extending Facility Manager, Naval Surface War- seaward a distance of 4,600 yards be- fare Center, Dahlgren Division Coastal tween radial lines bearing 83° True and Systems Station Detachment, Fort 115° True, respectively, from a point on Monroe, Virginia. shore at latitude 37°01′30″ N., longitude (2) This section shall be enforced by 76°17′54″ W. the Commander, Naval Base, Norfolk, (b) The regulations. (1) No weapon Virginia, and such agencies as he may having a greater range than the 30-cali- designate. bre carbine is to be fired into the firing range danger zone. [13 FR 6919, Nov. 24, 1948, as amended at 15 FR 2085, Apr. 13, 1950; 21 FR 421, Jan. 20, 1956; (2) During periods when firing is in 21 FR 1593, Mar. 14, 1956. Redesignated at 50 progress, red flags will be displayed at FR 42696, Oct. 22, 1985, and further amended conspicuous locations on the beach. at 51 FR 4908, Feb. 10, 1986; 55 FR 45709, Oct. Observers will be on duty and firing 31, 1990; 61 FR 34733, July 3, 1996]

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§ 334.370 Chesapeake Bay, Lynnhaven Amphibious Base, Little Creek, Nor- Roads; danger zones, U.S. Naval folk, Virginia. Amphibious Base. [19 FR 1246, Mar. 5, 1954, as amended at 28 FR (a) Underwater demolitions area (pro- 225, Jan. 9, 1963. Redesignated at 50 FR 42696, hibited)—(1) The area. A portion of the Oct. 22, 1985, and amended at 57 FR 40613, restricted area for Navy amphibious Sept. 4, 1992; 62 FR 17553, Apr. 10, 1997] training operations described in Sec. 334.310 along the south shore of the § 334.380 Atlantic Ocean south of en- Chesapeake Bay, bounded as follows: trance to Chesapeake Bay off Dam Beginning at a point at the mean high Neck, Virginia; naval firing range. water line, latitude 36°55′26.5″, lon- (a) The danger zone. All of the water gitude 76°08′43″; thence 700 yards to within a sector extending seaward a latitude 36°55′48″, longitude 76°98′38″; distance of 7,500 yards between radial thence 500 yards to latitude 36°55′46″, lines bearing 35° true and 92° true, re- longitude 76°08′57″; thence 500 yards to spectively, from a point on the shore at latitude 36°55′37″, longitude 76°09′02″; latitude 36 47′33″ N, longitude 75 58′23″ ° ′ ″ thence 100 yards to latitude 36 55 36 , W. ° ′ ″ longitude 76 08 57 ; thence 200 yards to (b) The regulations. (1) Vessels shall the mean high water line at latitude proceed through the area with caution 36°55′39.5″, longitude 76°08′59″; thence 400 and shall remain therein no longer yards along the mean high water line than necessary for purpose of transit. to the point of beginning. The area will be marked by range poles set on shore (2) When firing is in progress during of the prolongation of the lines forming daylight hours, red flags will be dis- the eastern and western boundaries. played at conspicuous locations on the (2) The regulations. Persons or vessels, beach. When firing is in progress dur- other than those vessels owned and op- ing periods of darkness, red flashing erated by the United States, shall not lights will be displayed from con- enter the prohibited area at any time spicuous locations which are visible unless authorized to do so by the en- from the water a minimum distance of forcing agency. four (4) nautical miles. (b) Small-arms firing range—(1) The (3) Firing on the ranges will be sus- Area. Beginning at a point on the shore pended as long as any vessel is within line at latitude 36°55′27″, longitude the danger zone. 76°08′38″; thence to latitude 36°55′50″, (4) Lookout posts shall be manned by longitude 76°08′37″; thence to latitude the activity or agency operating the 36°57′11″, longitude 76°08′11″; thence to firing range at Fleet Combat Center. latitude 36°56′53″, longitude 76°07′18″; After darkness, night vision systems thence to latitude 36°55′39″, longitude will be utilized by lookouts to aid in lo- 76°07′46″; thence to latitude 36°55′22″, cating vessels transiting the area. ° ′ ″ longitude 76 08 17 ; thence along the (5) There shall be no firing on any shore line to the point of beginning. ranges during the periods of low visi- (2) The regulations. (i) Passage of ves- bility which would prevent the recogni- sels through the area will not be pro- tion of a vessel (to a distance of 7,500 hibited at any time, nor will commer- yards) which is properly displaying cial fishermen be prohibited from navigational lights, or which would working fish nets within the area. No preclude a vessel from observing the loitering or anchoring for other pur- red range flags or lights. poses will be permitted. (6) The regulations in this section (ii) A large red warning flag will be flown on shore during periods when fir- shall be enforced by the Commanding ing is in progress. Observers will be on Officer, Fleet Combat Training Center, duty and firing will be suspended for Atlantic, Dam Neck, Virginia Beach, the passage of vessels and for the plac- Virginia, and other such agencies as he/ ing and maintenance of fish nets with- she may designate. in the area. [58 FR 53428, Oct. 15, 1993] (c) This section shall be enforced by the Commanding Officer, U.S. Naval

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§ 334.390 Atlantic Ocean south of en- § 334.400 Atlantic Ocean south of entrance to Chesapeake Bay; firing trance to Chesapeake Bay off Camp range. Pendleton, Virginia; naval restricted area. (a) The danger zone. A section extending seaward for a distance of 12,000 (a) The area. Beginning at a point on yards between two radial lines bearing the shore at Camp Pendleton at lati- 030° True and 083° True, respectively, tude 36°48′19″ N, longitude 75°57′49″ W; from a point on shore at latitude thence easterly 200 yards to latitude 36°46′48″ N, longitude 75°57′24″ W; and an 36°48′20″ N, longitude 75°57′42″ W; thence adjacent sector extending seaward for a northerly 400 yards to latitude 36°48′32″ distance of 15 nautical miles between N, longitude 75°57′45″ W; thence west- two radial lines bearing 083° True and erly 200 yards to latitude 36°48′31″ N, 150° True, respectively, from the same longitude 75°57′53″ W; and thence south- shore position. erly 400 yards along the shore to the (b) The regulations. (1) Vessels shall point of beginning. proceed through the area with caution (b) The regulations. (1) Persons or ves- and shall remain therein no longer sels, other than those vessels owned than necessary for purposes of transit. and operated by the United States (2) When firing is in progress during shall not enter the area except by per- daylight hours, red flags will be dis- mission of the Commanding Officer, played at conspicuous locations on the U.S. Naval Amphibious Base, Little beach. When firing is in progress dur- Creek, Norfolk, Virginia. ing periods of darkness, red flashing (2) This section shall be enforced by lights will be displayed from con- the Commanding Officer, U.S. Naval spicuous locations on the beach which Amphibious Base, Little Creek, Nor- are visible from the water a minimum folk, Virginia, and such agencies as he distance of four (4) nautical miles. may designate. (3) Firing on the ranges will be sus- [22 FR 8957, Nov. 6, 1957. Redesignated at 50 pended as long as any vessel is within FR 42696, Oct. 22, 1985, amended at 58 FR the danger zone. 37608, July 12, 1993; 62 FR 17553, Apr. 10, 1997] (4) Lookout posts will be manned by the activity or agency operating the § 334.410 Albemarle Sound, Pamlico firing range at the Fleet Combat Cen- Sound, and adjacent waters, NC; danger zones for naval aircraft op- ter, Atlantic, Dam Neck, Virginia erations. Beach, Virginia. After darkness, night vision systems will be utilized by look- (a) Target areas—(1) North Landing outs to aid in locating vessels River (Currituck Sound). The waters of transiting the area. North Landing River within a radius of 1,000 yards from a target located at (5) There shall be no firing on the ° ′ ″ ° ′ ″ range during periods of low visibility latitude 36 31 00 , longitude 76 01 40 . (2) Northern part of Currituck Sound. which would prevent the recognition of ° ′ a vessel (to a distance of 7,500 yards) Beginning at a point bearing 65 30 , which is properly displaying navigation 1,025 yards, from Currituck Sound Light 69; thence 86°, 6,000 yards; thence lights, or which would preclude a vessel ° ° ′ from observing the red range flags or 193 , 4,425 yards; thence 267 30 , 2,775 lights. yards; and thence to the point of beginning. The target is located at latitude (6) The regulations in this section 36°27′16″, longitude 75°56′30″. shall be enforced by the Commander, Naval Air Force, U.S. Atlantic Fleet/ NOTE: All bearings in this section are referred to true meridian. Commander, Fleet Air Norfolk, Nor- (b) Target and bombing area along folk, Va., and such agencies as he may south shore of Albemarle Sound. Begin- designate. ning at latitude 36°00′43″, longitude (Sec. 7, 40 Stat. 266; 33 U.S.C. 1) 76°19′20″; thence to latitude 36°02′40″, longitude 76°04′26″, thence to latitude [13 FR 6919, Nov. 24, 1948, as amended at 29 ° ′ ″ ° ′ ″ FR 5679, Apr. 29, 1964; 38 FR 16223, June 21, 36 00 12 , longitude 76 04 26 ; thence to 1973. Redesignated at 50 FR 42696, Oct. 22, latitude 35°59′35″, longitude 76°19′20″, 1985, and amended at 58 FR 53428, Oct. 15, and thence to the point of beginning. 1993; 60 FR 18543, Apr. 12, 1995] This area is divided into three subareas

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A, B, and C as follows: Area A, begin- described in paragraph (b) of the sec- ning at latitude 36°00′43″, longitude tion the placing of nets, traps, buoys, 76°19′20″; thence to latitude 36°01′20″, pots, fishponds, stakes, or other equip- longitude 76°14′30″; thence to latitude ment which may interfere with target 35°59′45″, longitude 76°14′30″; thence to vessels operating in the area shall not latitude 35°59′35″, longitude 76°19′20″, be permitted. The area will be pa- and thence to the point of beginning. trolled and persons and vessels shall Area B, beginning at latitude 36°01′20″, clear the area under patrol upon being longitude 76°14′30″; thence to latitude warned by the surface patrol craft or 36°02′18″, longitude 76°07′15″; thence to when ‘‘buzzed’’ by patrolling aircraft. latitude 36°00′05″, longitude 76°07′15″; As a further means of warning vessels thence to latitude 35°59′45″, longitude of naval aircraft operations in the area 76°14′30″; and thence to the point of be- described in paragraph (b) of this sec- ginning. Area C, beginning at latitude tion, a cluster of flashing red lights at 36°02′18″, longitude 76°07′15″; thence to night and a large red flag by day will latitude 36°02′40″, longitude 76°04′26″; be displayed from the range observa- thence to latitude 36°00′12″, longitude tion tower located in the approximate 76°04′26″; thence to latitude 36°00′05″, center of the shore side of this area. longitude 76°07′15″; and thence to the (3) Naval Aviation Ordnance test area. point of beginning. The area described in paragraph (c) of (c) Naval Aviation Ordnance test area this section shall be closed to persons in Pamlico Sound in vicinity of Long and navigation except for such mili- Shoal. A circular area with a radius of tary personnel and vessels as may be one and one-half miles having its cen- directed by the enforcing agency to ter at latitude 35°32′18″, longitude enter on assigned duties. 75°40′39″. (4) Enforcing agency. The regulations (d) The regulations—(1) Target areas. in this section shall be enforced by the The area described in paragraph (a)(1) Commander, Naval Air Force, U.S. At- of this section will be used as a dive lantic Fleet, and such agencies as he/ bombing target by naval aircraft. In she shall designate. peacetime, munitions will be limited to (Sec. 7, 40 Stat. 266; 33 U.S.C. 1: Chap. XIX, 40 miniature bombs which contain only Stat. 892; 33 U.S.C. 3) small explosive charges for producing smoke puffs to mark points of impact. [16 FR 3131, Apr. 10, 1951, as amended at 16 All operations will be conducted during FR 7460, July 31, 1951; 19 FR 479, Jan. 28, 1954; daylight hours, and the area will be 31 FR 12436, Sept. 20, 1966; 33 FR 3218, Feb. 21, 1968; 40 FR 3993, Jan. 27, 1975. Redesignated at open to navigation at night. No persons 50 FR 42696, Oct. 22, 1985, and amended at 53 or vessels shall enter this area during FR 47953, Nov. 29, 1988; 61 FR 7215, Feb. 27, the hours of daylight without special 1996; 62 FR 17553, Apr. 10, 1997] permission from the enforcing agency. The area will be patrolled and vessels § 334.412 Albemarle Sound, Pamlico will be warned not to enter. ‘‘Buzzing’’ Sound, Harvey Point and adjacent by plane will warn vessels that they waters, NC; restricted area. are in a danger zone, and upon being so (a) The area. Beginning on the north warned vessels which have inadvert- shore of Albemarle Sound and the east- ently entered the area shall imme- ernmost tip of Harvey Point; thence diately leave the area. southeasterly to Day Beacon number 3; (2) Target and bombing area. The area thence southeasterly to latitude described in paragraph (b) of this sec- 36°03′06″, longitude 76°16′43″; thence tion will be used as a target and bomb- southwesterly to latitude 36°02′18″, lon- ing area for both day and night oper- gitude 76°19′30″; thence northwesterly ations. Dummy ammunition, to latitude 36°04′18″, longitude 76°20′20″; waterfilled or smoke bombs and inert thence 23°15′ True to the shore; and rockets will be used, except during thence northeasterly along the shore wartime when live ammunition, bombs to the point of beginning. and rockets may be used. The area will (b) The regulations. The restricted be open to navigation except for peri- area described in this section is the in- ods when ordnance exercises are being active Harvey Point target range conducted by naval aircraft. In area B which was disestablished as a danger

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zone. The area will be open to public tion will be used as bombing, rocket access for recreational and commercial firing, and strafing areas. Live and uses, except that dredging, clamming, dummy ammunition will be used. The crabbing, seining, and anchoring of all area shall be closed to navigation and vessels and any other activity which all persons at all times except for such could result in disturbing or pene- vessels as may be directed by the en- trating the bottom is prohibited. forcing agency to enter on assigned du- (c) Enforcing agency. The regulations ties. The area will be patrolled and ves- in this section shall be enforced by the sels ‘‘buzzed’’ by the patrol plane prior Commander, Naval Air Force, U.S. At- to the conduct of operations in the lantic Fleet, and such agencies as he/ area. Vessels or personnel which have she shall designate. inadvertently entered the danger zone [61 FR 7215, Feb. 27, 1996; 61 FR 26107, May 24, shall leave the area immediately upon 1996] being so warned. (ii) The areas described in paragraphs § 334.420 Pamlico Sound and adjacent waters, N.C.; danger zones for Ma- (b)(1) (ii), (iii) and (iv) of this section rine Corps operations. shall be used for bombing, rocket firing, and strafing areas. Practice and (a) Bombing and rocket firing area in dummy ammunition will be used. All Pamlico Sound in vicinity of Brant Is- land—(1) The area. The waters within a operations will be conducted during circular area with a radius of 3.0 stat- daylight hours, and the areas will be ute miles having its center on the open to navigation at night. No vessel southern side of Brant Island at lati- or person shall enter these areas during tude 35°12′30″, longitude 76°26′30″. the hours of daylight without special (2) The regulations. The area shall be permission from the enforcing agency. closed to navigation and personnel at The areas will be patrolled and vessels all times except for vessels engaged in ‘‘buzzed’’ by the patrol plane prior to operational and maintenance work as the conduct of operations in the areas. directed by the enforcing agency. Prior Vessels or personnel which have inad- to bombing or firing operations the vertently entered the danger zones area will be ‘‘buzzed’’ by plane. Upon shall leave the area immediately upon being so warned vessels working in the being warned. area shall leave the area immediately. (iii) The areas described in paragraph (b) Bombing, rocket firing, and strafing (b)(1)(v) of this section shall be used as areas in Pamlico Sound and Neuse a strafing area. Practice and dummy River—(1) The areas. (i) The waters ammunition will be used. Operations within a circular area with a radius of will be conducted on five consecutive 1.8 statute miles having its center at days (Monday through Friday) per ° ′ ″ ° ′ ″ latitude 35 02 12 , longitude 76 28 00 . month during the months of February (ii) The waters within a circular area through November between the hours with a radius of 0.5 statute mile having of 4 p.m. to 11 p.m. The block training ° ′ ″ its center at latitude 35 04 12 , lon- dates will be scheduled two weeks in gitude 76°28′24″. advance of the actual training start (iii) The waters within a circular date. Marine Corps Air Station Cherry area with a radius of 0.5 statute mile having its center at latitude 35°01′42″, Point will have a call-in number for longitude 76°25′48″. public use to provide information on (iv) The waters within a circular area the current use of the training area. with a radius of 0.5 statute mile having The Notification to Mariners System its center at latitude 34°58′48″, lon- will also be utilized to inform the pub- gitude 76°26′12″. lic on the status of the training area. (v) The waters within a circular band No vessel or person shall enter the area with an inner radius of 1.8 statute during the scheduled block training miles and an outer radius of 2.5 statute session except for such vessels as may miles having its center at latitude be directed by the enforcing agency to 35°02′12″, longitude -76°28′00″. enter on assigned duties. The area will (2) The regulations. (i) The area de- be patrolled and vessels ‘‘buzzed’’ by scribed in paragraph (b)(1) of this sec- the patrol plane prior to the conduct of

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operations in the area. Vessels or per- (3) Firing will take place both day sonnel which have inadvertently en- and night at irregular periods through- tered the danger zone shall leave the out the year. Appropriate warnings area immediately upon being so will be issued through official govern- warned. ment and civilian channels serving the (c) Enforcing agency. The regulations region. Such warnings will specify the of this section shall be enforced by the time and duration of operations and Commander, Marine Corps Air Bases, give such other pertinent information East, Cherry Point, North Carolina, or as may be required in the interest of his authorized representatives. safety. Upon completion of firing or if the scheduled firing is cancelled for [26 FR 9673, Oct. 13, 1961. Redesignated at 50 any reason, the warning signals mark- FR 42696, Oct. 22, 1985, as amended at 61 FR ing the danger zone will be removed. 43970, Aug. 27, 1996; 76 FR 30023, May 24, 2011] (4) Except as otherwise provided in this section the danger zone will be § 334.430 Neuse River and tributaries open to general public access. Vessels, at Marine Corps Air Station Cherry Point, North Carolina; restricted watercraft, and other vehicles may pro- area and danger zone. ceed through the danger zone. (5) The regulation in this section (a) The restricted area. That portion of shall be enforced by the Commanding Neuse River within 500 feet of the shore Officer, Marine Corps Air Station Cher- along the reservation of the Marine ry Point, North Carolina, and/or per- Corps Air Station, Cherry Point, North sons or agencies as he/she may des- Carolina, extending from the mouth of ignate. Hancock Creek to a point approximately 6,800 feet west of the mouth of [73 FR 41265, July 18, 2008] Slocum Creek, and all waters of Han- § 334.440 New River, N.C., and vicinity; cock and Slocum Creeks and their trib- Marine Corps firing ranges. utaries within the boundaries of the reservation. (a) Atlantic Ocean east of New River Inlet. The waters of the Atlantic Ocean (b) The danger zone. The waters with- within a sector bounded on the north in an area beginning at latitude by a line bearing 105° from latitude 34.923425° N, longitude ¥76.853222° W; 34°37′25″, longitude 77°10′35″; on the east thence northeasterly across Hancock and south by the arc of a circle having Creek to latitude 34.925258° N, lon- ¥ ° a radius of 25,000 yards centered at lati- gitude 76.849864 W; continuing north- ° ′ ″ ° ′ ″ ° tude 34 34 15 , longitude 77 16 10 ; on the easterly to latitude 34.933382 N, lon- ° ¥ ° west by a line bearing 205 from lati- gitude 76.835081 W; thence north- tude 34°32′37″, longitude 77°18′34″, and on westerly to the Neuse River shoreline the northwest by the shore. at latitude 34.936986° N, longitude ¥ ° NOTE: All bearings in this section are re- 76.841197 W, continuing northwest- ferred to true meridian. erly to latitude 34.943275° N, longitude (b) New River. The firing ranges in- ¥76.852169° W; thence southwesterly clude all waters to the high waterline along the shorelines to latitude within eight sections described as fol- 34.935111° N, longitude ¥76.859078° W; lows: thence southeasterly along Hancock (1) Trap Bay Sector. Bounded on the Creek shoreline to the point of origin. south by a line running from Cedar (c) The regulations. (1) Except in cases Point 280° to New River Light 70, of extreme emergency, all persons or thence 254° to Hatch Point; and on the vessels, other than those operated by northwest by a line running from Wil- the United States Navy or United kins Bluff 232° to Hall Point. States Coast Guard, are prohibited (2) Courthouse Bay Sector. Bounded on from entering the restricted area with- the southeast by the northwest bound- out prior permission of the enforcing ary of the Traps Bay Sector and on the agency. west by Sneads Ferry Bridge. (2) Entry points into the danger zone (3) Stone Bay Sector. Bounded on the will be prominently marked with sign- east by Sneads Ferry Bridge and on the age indicating the boundary of the dan- north by a line running from a point on ger zone. the east side of New River opposite the

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head of Sneads Creek 291°30′ to the graph (a) of this section) during the pe- south side of the mouth of Stone riods May 1 and June 5, inclusive, and Creek. November 22 to December 15, inclusive. (4) Stone Creek Sector. The northwest (3) Two days in advance of the day portion of Stone Bay, bounded on the when firing in any sector except the south by the north boundary of the Stone Creek sector is scheduled to Stone Bay Sector; and on the east by begin, the enforcing agency will warn longitude 77°26′. the public of the contemplated firing, (5) Grey Point Sector. Bounded on the stating the sector or sectors to be south by the north boundary of the closed, through the public press and Stone Bay Sector; on the west by the the U.S. Coast Guard and, in the case east boundary of the Stone Creek Sec- of the Atlantic Ocean sector, the Cape tor; and on the northeast by a line run- Fear Pilots Association at Southport, ning from Town Point 113° to the south and the Pilots Association at side of the mouth of French Creek. Moorehead City, North Carolina. The (6) Farnell Bay Sector. Bounded on the Stone Creek sector may be closed with- south by the northeast boundary of the out advance notice. Grey Point Sector, including French (4) Towers at least 50 feet in height Creek up to longitude 77°20′; and on the will be erected near the shore at the north by a line running from Hadnot northeast and southwest limits of the Point 285°30′ to Holmes Point. Atlantic Ocean sector, and towers at (7) Morgan Bay Sector. Bounded on least 25 feet in height will be erected the south by the north boundary of the near the easterly shore at the upper Farnell Bay Sector, including Wallace and lower limits of each New River sec- Creek up to longitude 77°22′; and on the tor. On days when firing is to take northwest by a line running from Para- place a red flag will be displayed on dise Point 243°30′ to Ragged Point. each of the towers marking the sector (8) Jacksonville Sector. Bounded on the or sectors to be closed. These flags will southeast by the northwest boundary be displayed by 8:00 a.m., and will be of the Morgan Bay Sector, including removed when firing ceases for the day. Southwest Creek up to the point where Suitable range markers will be erected it narrows to 200 feet in width, and indicating the bearings of the north Northeast Creek up to longitude and west limits of the Atlantic Ocean 77°23′30″; and on the north by an east- sector. west line passing through New River (5) During the night firing, red lights Day Beacon 41. will be displayed on the towers; and, in (c) The regulations. (1) No person shall the case of the Atlantic Ocean sector, enter or remain in the water in any searchlights will be employed as bar- closed section after notice of firing rier lights to enable safety observers to therein has been given. Sailing vessels detect vessels which may attempt to and any watercraft having a speed of enter the danger zone. less than 5 knots shall keep clear of (6) No person shall enter or remain any closed sector at all times after no- within a 2 acre area surrounding a wa- tice of firing therein has been given. terborne refueling training operation, Vessels propelled by mechanical power in either the Grey Point Sector, at a speed greater than 5 knots may Farnell Bay Sector, or Morgan Bay enter the sectors without restriction Sector as described in paragraph (b) of except when the firing signals are this section, for the duration of the being displayed. When these signals are training operation after a notice to displayed, vessels shall clear the closed conduct a waterborne refueling train- sectors immediately and no vessels ing operation has been published in the shall enter such sectors until the sig- local notice to mariners and has been nals indicate that firing has ceased. broadcast over the Marine Band radio (2) Firing will take place both day network. The 2 acre area surrounding a and night at irregular periods through- waterborne refueling training oper- out the year. Insofar as training re- ation will be patrolled and persons and quirements will permit, underwater ex- vessels shall clear the area under pa- plosions will be restricted in the Atlan- trol upon being warned by the surface tic Ocean sector (described in para- patrol craft.

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(d) Target and bombing area in Atlantic necting channel between the Atlantic Ocean in vicinity of Bear Inlet. (1) The Intracoastal Waterway and Browns water within an area described as fol- Inlet shall be closed to navigation at lows: Beginning at latitude 34°37′32″, all times. There are highly sensitive longitude 77°12′03″; thence to latitude unexploded projectiles within the lim- 34°36′58″, longitude 77°11′25″; thence to its of this area. latitude 34°37′44″, longitude 77°10′35″; (iv) Vessels may proceed through the thence to 34°32′27″, longitude 77°06′30″; north connecting channel and the thence to latitude 34°28′55″, longitude south connecting channel (Banks Chan- 77°15′05″; thence to latitude 34°34′50″, nel) in the area between the Atlantic longitude 77°15′10″; thence to the point Intracoastal Waterway and Browns of beginning. Inlet to the Atlantic Ocean without (2) The regulations. Vessels may pro- stopping during periods of nonmilitary ceed along established waterways ex- use. Caution should be used when pro- cept during military training periods. ceeding through these waters due to Warning of military training periods the presence of unexploded projectiles will be given through Notices to Mari- lying in this area. ners and by displaying one hour prior (v) Navigable waters in the area be- to commencement a red danger tween the south connecting channel streamer during daylight hours or a (Banks Channel) leading to Browns red light at night, from a flag pole 40 Inlet and Onslow Beach Bridge on both feet in height located at the U.S. Coast sides of the Atlantic Intracoastal Wa- Guard Life Boat Station, Bogue Inlet, terway are open to unrestricted navi- Swansboro, North Carolina, and from gation during periods of nonmilitary observation tower 40 feet in height lo- use. An unknown element of risk exists cated at the northern end of Onslow in this area due to the possible pres- (Hurst) Beach. Prior to bombing and ence of unexploded projectiles. firing operations, the area will be (vi) Warning of impending military searched by plane. Watercraft in the use of the area will be contained in area will be warned by aircraft ‘‘buzz- weekly Notice to Mariners. ing’’ of the impending target practice. (vii) Vessels having specific author- Upon being so warned, all persons and ity from the Commanding General, Ma- vessels shall leave the area as quickly rine Corps Base, Camp Lejeune, North as possible by the most direct route. Carolina, may enter the area. (e) Inland waters in the Browns Inlet (f) Enforcing agency. The regulations area between Bear Creek and Onslow of this section shall be enforced by the Beach Bridge over the Atlantic Intra- Commanding General, Marine Corps coastal Waterway—(1) The area. Navi- Base, Camp Lejeune, North Carolina, gable waters between Bear Creek and or his authorized representatives. Onslow Beach Bridge to include all in- lets, streams, bays, and water therein [26 FR 9673, Oct. 13, 1961, as amended at 48 FR 41160, Sept. 14, 1983. Redesignated at 50 FR contained, bounded on the north by 42696, Oct. 22, 1985, as amended at 62 FR 17553, Bear Creek, on the east and south by Apr. 10, 1997; 66 FR 15799, Mar. 21, 2001] the Atlantic Ocean, to the meridian 77°16′20″; thence by this meridian to § 334.450 Cape Fear River and tribu- latitude 34°34′31″; and thence by a line taries at Sunny Point Army Ter- bearing 44° from this point until the minal, Brunswick County, NC; re- line intersects Bear Creek. stricted area. (2) The regulations. (i) No person shall (a) The area. That portion of Cape enter or remain in the waters of this Fear River due west of the main ship area due the possibility of unexploded channel extending from U.S. Coast projectiles. Guard buoy No. 35 (34°02′03.218″ N, (ii) Vessels may proceed through the 077°56′28.755″ W) at the north approach Atlantic Intracoastal Waterway in the channel to Sunny Point Army Ter- area without stopping except in cases minal to U.S. Coast Guard buoy No. 27 of extreme emergencies. (33°58′16.12″ N, 077°56′59.736″ W) at the (iii) All navigable waters in the area south approach channel to Sunny between the south bank of Bear Creek Point Army Terminal and all waters of and the north bank of the north con- its tributaries therein.

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(b) Except in cases of extreme emer- Turning Basin to the northeast edge of gency, all persons or vessels of any size the main channel of Shipyard Creek to or rafts other than those authorized by a point lying in the mouth of Shipyard the Commander, Sunny Point Army Creek where it reaches the Cooper Terminal, are prohibited from entering River at the northeast edge of the main this area without prior permission of channel of the Shipyard Creek and lon- the enforcing agency. gitude 79°56′10″, thence to the beginning (c) The regulations in this section point at latitude 32°49′50″, longitude shall be enforced by the Commander, 79°56′10″. Sunny Point Army Terminal, (4) That portion of the Cooper River Southport, North Carolina, and such surrounding Pier Yankee beginning at agencies as he/she may designate. a point on the west shore of the Cooper [75 FR 53198, Aug. 31, 2010] River at latitude 32°50′00″, longitude 79°56′10.5″, thence to latitude 32°50′00″, § 334.460 Cooper River and tributaries longitude 79°55′55″, thence to latitude at Charleston, SC. 32°49′54″, longitude 79°55′55″, to latitude (a) The areas: 32°49′50″, longitude 79°56′10″, thence (1) That portion of the Cooper River north along the shore to the beginning beginning on the west shore at latitude ° ′ ″ ° ′ ″ point at the west shore of the Cooper 32 52 37 , longitude 79 58 06 , thence to ° ′ ″ ° ′ ″ ° ′ ″ River at latitude 32 50 00 , longitude latitude 32 52 37 , longitude 79 58 03 , ° ′ ″ thence to latitude 32°52′27″, longitude 79 56 10.5 . 79°68′01″, thence to latitude 32°52′06″, (5) That portion of the Cooper River longitude 79°57′54″ at the west channel beginning on the west channel edge at edge, thence to latitude 32°51′48.5″, lon- latitude 32°52′06″, longitude 79°57′54″, gitude 79°57′41.5″, thence to latitude thence to the east shore at latitude 32°51′33″, longitude 79°57′27″, thence to 32°52′13″, longitude 79°57′30″, thence latitude 32°51′19″, longitude 79°57′05″, along the eastern shore to latitude thence to latitude 32°51′01″, longitude 32°51′30″, longitude 79°56′15.5″, thence to 79°56′07″, thence to latitude 32°50′50″, latitude 32°51′01″, longitude 79°55′50″, longitude 79°56′02″, thence to latitude thence to latitude 32°50′52″, longitude 32°50′48″, longitude 79°56′07″ on the west 79°56′03.5″, thence to latitude 32°51′01″, shore, thence north along the shoreline longitude 79°56′07″, thence to latitude including the reach of Noisett Creek to 32°51′19″, longitude 79°57′05″, thence to the eastern boundary of the Navy Base latitude 32°51′33″, longitude 79°57′27″, to the beginning point at the west thence to latitude 32°51′48.5″, longitude shore at latitude 32°52′37″, longitude 79°57′41.5″, thence to the beginning 79°58′06″. point at the west channel edge at lati- (2) The reach of Shipyard Creek up- tude 32°52′06″, longitude 79°57′54″. stream from a line 300 feet from and (6) That portion of the Cooper River parallel to the upstream limit of the beginning on the west shore at latitude Improved Federal Turning Basin. 32°50′48″, longitude 79°56′07″, thence to (3) That portion of the interior Ship- latitude 32°50′50″, longitude 79°56′02″, yard Creek commencing at latitude ° ′ ″ 32°49′50″, longitude 79°56′10″, being a thence to latitude 32 50 32 , longitude ° ′ ″ ° ′ ″ point at the southern tip of the shore- 79 55 55 , thence to latitude 32 50 00 , ° ′ ″ line where the northern shore of Ship- longitude 79 55 55 , thence to latitude ° ′ ″ ° ′ ″ yard Creek joins the Cooper River, 32 50 00 , longitude 79 56 10.5 on the thence going along the northern shore west shore, thence along the shoreline of Shipyard Creek to the southern por- to the beginning point on the west tion of the existing restructed area in shore at latitude 32°50′48″, longitude paragraph (a)(2) of this section; thence 79°56′07″. along said line being 300 feet from and (7) That portion of Goose Creek be- parallel to the upstream limit of the ginning at a point on the west shore of Improved Federal Turning Basin for a Goose Creek at its intersection with distance of 15 feet, thence to the most the Cooper River at latitude 32°54′32″, northerly point of the Improved Fed- longitude 79°57′04″; thence proceeding eral Turning Basin, thence along the along the western shoreline of Goose northeastern edge for the Improved Creek for approximately 6.9 miles to its

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intersection with the Seaboard Coast- southeasterly direction, parallel the line Railroad at latitude 32°55′34″, lati- shoreline, to latitude 32°55′18″, lon- tude 79°59′30″; thence in a northwest- gitude 79°55′55″; thence in a southwesterly direction along the Seaboard erly direction to latitude 32°55′16″, lon- Coastline Railroad to latitude 32°55′37″, gitude 79°56′00″; thence in a southwest- longitude 79°59′32″; thence proceeding erly direction paralleling the shoreline along the eastern shoreline of Goose to latitude 32°54′35″; longitude 79°56′57″, Creek in a southeasterly direction to thence back to latitude 32°54′37″, and latitude 32°54′33″ by 79°56′59″ thence longitude 79°57′01″. back to 32°54′32″, longitude 79°57′04″. (10) That portion of the Cooper River (8) That portion of the Cooper River, beginning at a point near the center of extending from the mouth of Goose the Cooper River at latitude 32°55′03″, Creek, to a point approximately five- longitude 79°55′42″; thence proceeding hundred (500) yards north of Red Bank in an easterly direction to latitude, Landing, a distance of approximately 32°55′03″; longitude 79°55′35″; thence in a 4.8 miles, and the tributaries to the southerly direction to latitude 32°54′52″, Cooper River within the area enclosed longitude 79°55′33″; thence in a westerly by the following arcs and their inter- direction to latitude 32°54′53″, longitude sections: 79°55′42″; thence in a northerly direc- (i) Radius=8255′ center of radius, lati- tion to latitude 32°55′03″, longitude tude 32°55′45″, longitude 79°45′23″. 79°55′42″. (ii) Radius=3790′ center of radius, (11) That portion of Foster Creek be- latitude 32′55′00″, longitude 79°55′41″. ginning at a point on the southern (iii) Radius=8255′ center of radius, shoreline of Foster Creek at its inter- latitude 32°55′41″, longitude 79°56′15″. section with Back River at latitude (iv) Radius=8255′ center of radius, 32°58′30″, longitude 79°56′33″; thence pro- latitude 32′56′09″, longitude 79°56′19″. ceeding along the southern shoreline to (9) That portion of the Cooper River the terminus of Foster Creek; thence beginning on the western shoreline at back down its northern shoreline of latitude 32°54′37″, longitude 79°57′01″; Foster Creek to latitude 32°58′34″, lon- thence proceeding along the western gitude 79°56′34″; thence back to latitude shoreline in a northerly direction for 32°58′30″, longitude 79°56′33″. approximately 4.8 miles to latitude (12) Danger zone. That portion of Fos- 32°57′32″, longitude 79°55′27″; thence in a ter Creek beginning at the point of the southerly direction for approximately southern shoreline of an unnamed trib- 100 yards to latitude 32°57′29″, longitude utary of Foster Creek at its intersec- 79°55′23″, thence in a southwesterly di- tion with Foster Creek at latitude rection, paralleling the shoreline to 32°59′16″ N, longitude 79°57′23″ W; thence latitude 32°56′48″, longitude 79°55′48″; back proceeding along the eastern thence in an easterly direction for ap- shoreline to the terminus of the tribu- proximately 50 yards to latitude tary at latitude 32°59′49″ N, longitude 32°56′49″, longitude 79°55′46″, thence in a 79°57′29″ W; thence back down the west- southerly direction, paralleling the ern shoreline of the unnamed tributary shoreline, to latitude 32°56′40″, lon- to latitude 32°59′15″ N, longitude gitude 79°55′40″; thence in a westerly di- 79°57′26″ W. The waters and associated rection for approximately 50 yards to marshes in this danger zone area are latitude 32°56′39″, longitude 79°55′42″; subject to impact by rounds and rico- thence in a southwesterly direction, chets originating from a small arms paralleling the shoreline, to latitude range when firing is in progress. 32°56′15″, longitude 79°56′07″; thence in a (13) Danger zone. Those portions of southwesterly direction to latitude unnamed tributaries and associated 32°56′05″, longitude 79°56′17″; thence in a marshes of Back River and Foster westerly direction, for approximately Creek that are generally described as 50 yards to latitude 32°56′05″, longitude lying south of the main shoreline and 79°56′19″; thence in a southerly direc- extending southward to the northern tion, paralleling the shoreline to lati- shoreline of Big Island (U.S. Naval Res- tude 32°55′45″, longitude 79°56′19″; thence ervation). Specifically, the area begin- in a southwesterly direction to latitude ning at a point on the main shoreline 32°55′42″, longitude 79°56′13″; thence in a which is the northern shore of an

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unnamed tributary of Back River at tering within one-hundred (100) yards latitude 32°59′19″ N, longitude 79°56′52″ of the west bank of the Cooper River, W, southwesterly to a point on or near in those portions devoid of any vessels the northern shoreline of Big Island at or manmade structures. In those areas latitude 32°59′11″ N, longitude 79°56′59″ where vessels or man-made structures W; thence northwesterly to a point on are present, the restricted area will be the main shoreline, which is the north- 100 yards from the shoreline or 50 yards ern shore of an unnamed tributary of beyond those vessels or other man- Foster Creek, at latitude 32°59′16″ N, made structures, whichever is the longitude 79°57′11″ W; thence easterly greater. This includes the area in para- along the main shoreline, which is the graph (a)(10) of this section. northern shore of the unnamed tribu- (6) In the interest of National Secu- taries of Foster Creek and Back River, rity, Commanding Officer, U.S. Naval back to the point of beginning at lati- Weapons Station, Charleston, SC, may tude 32°59′19″ N longitude 79°56′52″ W. at his/her discretion, restrict passage The waters and associated marshes in this danger zone area are subject to im- of persons, watercraft and vessels in pact by rounds and ricochets origi- the areas described in paragraphs nating from a small arms range when (a)(7), (a)(8) and (a)(11) of this section firing is in progress. until such time as he/she determines (b) The regulations: (1) Unauthorized such restriction may be terminated. personnel, vessels and other watercraft (7) All restricted areas and all danger shall not enter the restricted areas de- zones and the approaches leading to scribed in paragraphs (a)(1), (a)(2), and the danger zones will be marked with (a)(4) of this section at any time. suitable warning signs. (2) Personnel, vessels and other (8) The regulations described in para- watercraft entering the restricted area graphs (b) (1), (2) and (3) of this section described in paragraph (a)(5) of this shall be enforced by Commander, Naval section, shall proceed at normal speed Base, Charleston, and such agencies as and under no circumstances anchor, he/she may designate. fish, loiter, or photograph until clear of (9) The regulations in this section for the restricted area. the danger zones described in para- (3) Personnel, vessels and other graphs (a)(12) and (a)(13) of this section watercraft may be restricted from and the regulations described in para- using any or all of the area described in graphs (b) (4), (5) and (6) of this section, paragraphs (a)(3) and (a)(6) of this sec- shall be enforced by the Commanding tion without first obtaining an escort Officer, Naval Weapons Station or other approval from Commander, Charleston, SC, and such agencies as Naval Base, Charleston, when deemed he/she may designate. necessary and appropriately noticed by (10) It is understood that none of the him/her for security purposes or other restrictions herein will apply to prop- military operations. erly marked Federal vessels per- (4) Personnel, vessels and other forming official duties. It is further un- watercraft, other than those specifi- derstood that Federal employees will cally authorized by Commanding Offi- not take photographs from within the cer, U.S. Naval Weapons Station, above described restricted areas. Charleston, SC, entering the restricted area described in paragraph (a)(8) of (11) The unauthorized entering or this section shall proceed at normal crossing of the danger zones described speed, and under no circumstances an- in paragraphs (a)(12) and (a)(13) of this chor, fish, loiter, or photograph in any section by all persons, watercraft and way until clear of the restricted area. vessels is prohibited at all times unless (5) Personnel, vessels and other specifically authorized by the Com- watercraft, other than those specifi- manding Officer of the U.S. Naval cally authorized by Commanding Offi- Weapons Station Charleston, SC. cer, U.S. Naval Weapons Station, [55 FR 3591, Feb. 2, 1990, as amended at 59 FR Charleston, SC, entering the areas de- 2916, Jan. 19, 1994; 61 FR 64997, Dec. 10, 1996; scribed in paragraphs (a)(9) and (a)(10) 62 FR 17553, Apr. 10, 1997; 68 FR 57624, Oct. 6, of this section are prohibited from en- 2003]

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§ 334.470 Cooper River and Charleston § 334.475 Brickyard Creek and tribu- Harbor, S.C.; restricted areas. taries and the Broad River at Beau- (a) The restricted areas. (1) Area No. 1 fort, SC. is that portion of the Cooper River be- (a) The areas: (1) That section of the ginning near the westerly shore north Atlantic Intracoastal Waterway of Shipyard Creek at ‘‘a’’ Latitude (AIWW), beginning at the confluence of 32°50′14″, Longitude 79°56′11″; thence to the AIWW and Albergottie Creek, being ‘‘b’’ Latitude 32°50′14″, Longitude that point on the west side of the 79°55′37″; thence to ‘‘c’’ Latitude AIWW navigational channel at latitude 32°49′41″, Longitude 79°55′37″; thence to 32.457226°, longitude 80.687770°, thence ‘‘d’’ Latitude 32°49′41″, Longitude continuing in a northerly direction 79°55′52″; thence to ‘‘e’’ Latitude along the western channel edge of the 32°49′47″, Longitude 79°56′09″; and thence AIWW to latitude 32.458580°, longitude ° ′ ″ returning to ‘‘a’’ Latitude 32 50 14 , 80.689181°, thence to latitude 32.460413°, ° ′ ″ Longitude 79 56 11 . longitude 80.689228°, thence to latitude (2) Area No. 2 is that portion of the 32.461459°, longitude 80.689418°, thence Cooper River beginning at a point west to latitude 32.464015°, longitude of Shutes Folly Island at ‘‘a’’ Latitude 80.690294°, thence to latitude 32.470255°, 32°46′27″, Longitude 79°55′31″; thence to ° ° ′ ″ longitude 80.690965 , thence to latitude ‘‘b’’ Latitude 32 46 39 , Longitude ° ° ° ′ ″ 32.471309 , longitude 80.691196 , thence 79 55 11 ; thence to ‘‘c’’ Latitude ° ° ′ ″ ° ′ ″ to latitude 32.475084 , longitude 32 46 39 , Longitude 79 54 51 ; thence to ° ° ° ′ ″ 80.692455 , thence to latitude 32.478161 , ‘‘d’’ Latitude 32 46 28 , Longitude ° 79°54′47″; thence to ‘‘e’’ Latitude longitude 80.691546 , thence to latitude ° ° 32°46′17″, Longitude 79°54′51″; thence to 32.479191 , longitude 80.691486 , thence ° ‘‘f’’ Latitude 32°46′17″, Longitude to latitude 32.481817 , longitude ° ° 79°55′11″; and thence returning to ‘‘a’’ 80.691939 , thence to latitude 32.493001 , Latitude 32°46′27″, Longitude 79°55′31″. longitude 80.689835°, thence to latitude ° ° (b) The regulations. (1) There shall be 32.494422 , longitude 80.688296 , thence no introduction of magnetic material to latitude 32.49727°, longitude 80.69172° or magneto-electric field sources with on the east shore of the Marine Corps the area. Air Station (MCAS), at its intersection (2) No person shall enter or remain in with the Station’s property boundary the water within the restricted areas. line, thence heading south along the Ships transiting the areas will proceed eastern shoreline of the MCAS to a without delay and shall not, except as point along the northern shoreline of noted below, lie to or anchor within Mulligan Creek at latitude 32.48993°, the areas. longitude 80.69836°, thence southwest- (i) Pleasure craft under 50 feet LOA erly across Mulligan Creek to the will not normally be affected; however, shoreline of the MCAS, latitude such craft may be required to stand 32.48771°, longitude 80.70424°, thence clear upon notification, in the event continuing along the eastern shoreline they are interfering with range oper- to its intersection with Albergottie ation. Creek, latitude 32.45360°, longitude (ii) Anchored commercial ships will 80.70128, thence continuing along the be allowed to swing into the restricted southern shoreline of the MCAS to the area at the Shutes Folly Island site intersection of Salt Creek with U.S. when the range is not in use. Shutes Highway 21, latitude 32.45047°, lon- Folly Island Range usage will be indi- gitude 80.73153°, thence back down the cated by range house display of the southern creek edge of Salt and international DELTA signal flag. Albergottie Creeks, thence back to the (iii) This section shall be enforced by starting point at the confluence of the Commandant, Sixth Naval District, Albergottie Creek and the AIWW, lati- Charleston, South Carolina, and such tude 32.457226°, longitude 80.687770°. agencies as he may designate. NOTE: Situated within the boundaries [42 FR 38177, July 27, 1977. Redesignated at 50 of the area described in paragraph FR 42696, Oct. 22, 1985, as amended at 62 FR (a)(1) of this section are the areas de- 17553, Apr. 10, 1997] scribed in paragraphs (a)(2), (a)(3),

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(a)(4), (a)(5) and the danger zone de- back to the starting point at latitude scribed in paragraph (a)(10) of this sec- 32.452376°, longitude 80.708263°. tion. Since additional regulations (5) That area contiguous to Salt apply to these sections, they are ex- Creek, situated within the boundaries cluded from the area described in para- of the area described in paragraph graph (a)(1) given that they are more (a)(1) of this section, beginning at a strictly regulated. point on the southern shoreline of the (2) That portion of Mulligan Creek lo- MCAS and the edge of Salt Creek at cated on the southern side of the MCAS latitude 32.45194°, longitude 80.724473°, runway, beginning at a point on the thence continuing in a northerly direc- eastern shoreline of Mulligan Creek at tion along the shoreline of the MCAS ° ° latitude 32.48993 , longitude 80.69836 , and continuing on to its intersection thence southwesterly across Mulligan again with Salt Creek and adjacent to Creek to the shoreline of the MCAS, U.S. Highway 21, thence turning and ° ° latitude 32.48771 , longitude 80.70424 , continuing along the shoreline of Salt thence continuing in a northerly direc- Creek in an easterly direction and re- tion along the eastern shoreline of the turning back to the starting point at MCAS, thence in a northeasterly direc- latitude 32.45194°, longitude 80.724473°. tion along the and southern side of the (6) That section of the Atlantic Intra- MCAS runway, thence back down the coastal Waterway (AIWW), beginning eastern shoreline of Mulligan Creek to at the confluence of the AIWW and its starting point, latitude 32.48993°, Albergottie Creek, being that point on longitude 80.69836°. the west side of the AIWW navigational (3) That area adjacent to the Atlantic channel at latitude 32.457226°, longitude Intracoastal Waterway (AIWW), situ- ° ated within the boundaries of the area 80.687770 , thence continuing in a described in paragraph (a)(1) of this northerly direction along the western section, beginning at a point on the channel edge of the AIWW to latitude ° ° west side of the AIWW navigational 32.458580 , longitude 80.689181 , thence ° channel at latitude 32.463732°, longitude to latitude 32.460413 , longitude ° ° 80.690208°, thence continuing in a 80.689228 , thence to latitude 32.461459 , ° northerly direction along the western longitude 80.689418 , thence to latitude ° ° channel edge of the AIWW to latitude 32.464015 , longitude 80.690294 , thence ° 32.467999°, longitude 80.690749°, thence to latitude 32.470255 , longitude ° ° turning in a westerly direction and 80.690965 , thence to latitude 32.471309 , ° continuing to latitude 32.467834°, lon- longitude 80.691196 , thence to latitude ° ° gitude 80.700080°, on the eastern shore 32.475084 , longitude 80.692455 , thence ° of the MCAS, thence heading in a to latitude 32.478161 , longitude southward direction along the shore- 80.691546°, thence to latitude 32.479191°, line to latitude 32.463692°, longitude longitude 80.691486°, thence to latitude 80.698440°, thence turning in a westerly 32.481817°, longitude 80.691939°, thence direction and returning back to the to latitude 32.493001°, longitude starting point on the west edge of the 80.689835°, thence to latitude 32.494422°, AIWW channel, latitude 32.463732°, lon- longitude 80.688296°, thence crossing gitude 80.690208°. the AIWW channel in a southeasterly (4) That area contiguous to direction to a point on the east side of Albergottie Creek, situated within the the AIWW and the marsh edge of bank, boundaries of the area described in latitude 32.49343°, longitude 80.68699°, paragraph (a)(1) of this section, begin- thence southward along the edge of the ning at a point on the southern shore- AIWW and the waterward marsh edge line of the MCAS at latitude 32.452376°, of Ladies Island to a point on the west longitude 80.708263°, thence continuing shoreline of Pleasant Point Peninsular, in a northerly direction along the latitude 32.45806°, longitude 80.68668°, shoreline, up to the shoreline adjacent thence back across the AIWW naviga- to Kimes Avenue and back down the tional channel to the point of begin- opposite shoreline in a southerly direc- ning, latitude 32.457226°, longitude tion to a point at latitude 32.450643°, 80.687770°. longitude 80.715653°, thence turning in (7) That portion of Mulligan Creek, an easterly direction and returning beginning at its northern mouth and

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confluence with McCalleys Creek, lati- bordering the northern shoreline of tude 32.50763°, longitude 80.69337°, Mulligan Creek at latitude 32.48579°, thence proceeding in a westerly direc- longitude 80.69706°, thence turning in a tion along the northern shoreline of southwesterly direction and crossing Mulligan Creek to its intersection with Mulligan Creek to a point on the east- Perryclear Drive bridge crossing, lati- ern shoreline of the MCAS at latitude tude 32.50534°, longitude 80.69960°, 32.48533°, longitude 80.70240°, thence thence back down the southern shore- continuing along the eastern shoreline line to its starting point at McCalleys of the MCAS to its starting point at ° Creek, latitude 32.50763 , longitude latitude 32.48771°, longitude 80.70424°. 80.69337°. (b) The regulation: (1) Unauthorized (8) That portion of Mulligan Creek, personnel, vessels and other watercraft beginning at the Perryclear Drive bridge crossing, latitude 32.50534°, lon- shall not enter the restricted areas de- gitude 80.69960°, thence proceeding in a scribed in paragraphs (a)(2), (a)(3), south westerly direction along the (a)(4), (a)(5) and (a)(8) of this section at northern shoreline of Mulligan Creek any time. to the terminus of its western tribu- (2) The public shall have unrestricted tary, thence back down its southern access and use of the waters described shoreline to the terminus of its eastern in paragraph (a)(6) of this section terminus located at the northern end whenever the MCAS is in Force Protec- on the MCAS runway, latitude tion Condition Normal, Alpha or 32.49531°, longitude 80.70658°, thence Bravo. Whenever the facility is in back down the southern shoreline to Force Protection Condition Charlie or its starting point at Perryclear Drive Delta, personnel, vessels and other bridge crossing, latitude 32.50534°, lon- watercraft entering the restricted area gitude 80.69960°. described in paragraph (a)(6) of this (9) (Laurel Bay Military Family Hous- section shall proceed at normal speed ing Area, Broad River). That section of and shall under no circumstances an- the Broad River, beginning on the chor, fish, loiter or photograph in any western shoreline of Laurel Bay Mili- way until clear of the restricted area. tary Family Housing Area boundary (3) The public shall have unrestricted line, at latitude 32.449295°, longitude access and use of the waters described 80.803205°, thence proceeding in a north- in paragraphs (a)(1), (a)(7), and (a)(9) of erly direction along the shoreline to the housing area northern boundary this section whenever the MCAS is in line at latitude 32.471172°, longitude Force Protection Condition Normal 80.809795°, thence proceeding a distance Alpha or Bravo. Whenever the facility of 500 feet into the Broad River, lati- is in Force Protection Condition Char- tude 32.471185°, longitude 80.811440°, lie or Delta, personnel, vessels and thence proceeding in a southerly direc- other watercraft are prohibited from tion and maintaining a distance of 500 entering the waters described in para- feet from the shoreline to latitude graphs (a)(1), (a)(7), and (a)(9) of this 32.449222°, longitude 80.804825°, thence section, unless they first obtain an es- back towards the shoreline to the point cort or other approval from the Com- of beginning at latitude 32.449295°, lon- mander, MCAS, Beaufort, South Caro- gitude 80.803205°. lina. (10) (Danger zone). That portion of (4) Unauthorized personnel, vessels Mulligan Creek located adjacent to the and other watercraft shall not enter MCAS firing range and the restricted the danger zone described in paragraph area described in paragraph (a)(2) of (a)(10) of this section at any time. this section, beginning at a point on (5) All restricted areas and danger the western shoreline of Mulligan zones will be marked with suitable Creek at latitude 32.48771°, longitude warning signs. 80.70424°, thence northeasterly across Mulligan Creek to the opposite shore- (6) It is understood that none of the line at latitude 32.48993°, longitude restrictions herein will apply to prop- 80.69836°, thence continuing in a southerly marked Federal vessels per- easterly direction to an upland island forming official duties.

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(7) It is further understood that un- isting pistol range. This area is bound- authorized personnel will not take pho- ed by a line connecting the following tographs from within the above de- coordinates: Commencing from the scribed restricted areas. shoreline at the easternmost portion of (c) Enforcement: The regulation in the area, at latitude 32°19′36″ N, lon- this section, promulgated by the gitude 80°42′34″ W, thence to a point at United States Army Corps of Engi- latitude 32°19′23″ N, longitude 80°42′50″ neers, shall be enforced by the Com- W, thence to a point at latitude manding Officer, MCAS Beaufort, or 32°19′06″ N, longitude 80°43′31″ W, thence persons or agencies as he/she may au- to a point at latitude 32°19′28″ N, lon- thorize including any Federal Agency, gitude 80°43′54″ W, thence to a point at State, Local or County Law Enforce- latitude 32°19′59″ N, longitude 80°43′28″ ment agency, or Private Security Firm W, thence to a point on the shoreline in the employment of the facility, so at latitude 32°20′10″ N, longitude long as the entity undertaking to en- 80°43′10″ W, and thence follow the mean force this Restricted Area has the legal high water line southeasterly approxi- authority to do so under the appro- mately 0.75 nautical miles to terminate priate Federal, State or local laws. at the easternmost portion of the area [70 FR 43780, July 29, 2005] (the starting point). (b) The regulations. (1) All persons, § 334.480 Archers Creek, Ribbon vessels, or other watercraft are prohib- Creek, and Broad River; U.S. Ma- ited from entering, transiting, anchor- rine Corps Recruit Depot, Parris Is- ing, or drifting within the danger zones land, South Carolina; danger zones. described in paragraph (a) of this sec- (a) The areas. (1) The danger zone on tion when the adjacent rifle or pistol Archers Creek (between the Broad ranges on U.S. Marine Corps Recruit River and Beaufort River), Ribbon Depot Parris Island are in use. Creek, and the Broad River shall en- (2) Firing over these ranges will nor- compass all navigable waters of the mally take place between the hours of United States, as defined at 33 CFR 6 a.m. and 5 p.m., Monday through Fri- part 329, adjacent to the existing rifle day, and from 6 a.m. to 12 p.m. on Sat- range. This area is bounded by a line urday, National holidays excepted, and connecting the following coordinates: at other times as designated and prop- Commencing from the shoreline at the erly published by the Commanding southernmost portion of the area, at General, U.S. Marine Corps Recruit latitude 32°19′59″ N, longitude 80°42′54″ Depot Parris Island. W, thence to a point at latitude (3) Warning signs indicating the peri- 32°20′05″ N, longitude 80°43′16″ W, thence ods when the rifle range is in use will to a point at latitude 32°21′40″ N, lon- be posted by the entrances to Archers gitude 80°44′54″ W, thence to a point at Creek and Ribbon Creek. In addition, latitude 32°22′20″ N, longitude 80°43′52″ warning signs will be placed along the W, thence to a point on the shoreline shoreline on the Broad River near the at latitude 32°21′34″ N, longitude upstream and downstream boundaries 80°42′48″ W, thence follow the mean of both the rifle range and the pistol high water line southwesterly around range. Horse Island approximately 2.3 nau- (4) Warning flags shall be flown from tical miles to a point at latitude the top of the lookout tower and on the 32°21′22″ N, longitude 80°42′30″ W, thence rifle range and pistol range during ac- to a point on the shoreline at latitude tual firing. In addition, a sentry look- 32°20′56″ N, longitude 80°41′50″ W, thence out will be on duty during actual firing follow the mean high water line south- and a patrol boat will be accessible for westerly approximately 2.2 nautical clearing the area and warning all ap- miles to terminate at the southern- proaching vessels of the danger zone most portion of the area (the starting and the schedule of firing. point). (5) During storms or similar emer- (2) The danger zone on the Broad gencies these areas shall be opened to River shall encompass all navigable vessels to reach safety without undue waters of the United States, as defined delay for the preservation of life and at 33 CFR part 329, adjacent to the ex- property.

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(c) Enforcement. The regulations in Air Force Base, Savannah, Georgia, this section shall be enforced by the and such agencies as he may designate. Commanding General, U.S. Marine [16 FR 818, Jan. 30, 1951, as amended at 16 FR Corps Recruit Depot Parris Island and/ 2397, Mar. 14, 1951. Redesignated at 50 FR or such persons or agencies as he/she 42696, Oct. 22, 1985, as amended at 62 FR 17554, may designate. Apr. 10, 1997]

[76 FR 62631, Oct. 11, 2011] § 334.500 St. Johns River, Atlantic Ocean, Sherman Creek; restricted § 334.490 Atlantic Ocean off Georgia areas and danger zone, Naval Sta- Coast; air-to-air and air-to-water tion Mayport, Florida. gunnery and bombing ranges for fighter and bombardment aircraft, (a) The areas. (1) The St. Johns River U.S. Air Force. restricted area and the Atlantic Ocean (a) The danger zones—(1) For fighter restricted area described in paragraphs (a)(2) and (a)(3) of this section, respec- aircraft. An area approximately 30 tively, are contiguous but each area is miles offshore between Wassaw Sound described separately for clarification. and Brunswick, Georgia, described as (2) St. Johns River restricted area. This follows: Beginning at latitude 31°55′30″, restricted area shall encompass all longitude 80°24′00″; thence 90° true to navigable waters of the United States, longitude 80°16′00″; thence southwest- ° ′ ″ as defined at 33 CFR 329, within the erly to latitude 31 10 00 , longitude area bounded by a line connecting the ° ′ ″ ° 80 43 00 ; thence 270 to longitude following coordinates: Commencing ° ′ ″ 80 51 00 ; and then northeasterly to the from the shoreline at latitude point of beginning. 30°23′52.97″ N, longitude 081°25′36.51″ W; (2) For bombardment aircraft. An area thence to latitude 30°23′56.71″ N, lon- approximately 70 miles off shore be- gitude 081°25′36.51″ W; then the line me- tween Savannah Beach and Brunswick, anders irregularly, follow the shoreline Georgia, described as follows: Begin- at a distance of 380 feet seaward from ning at latitude 32°00′00″, longitude the mean high water line to a point at 79°43′00″; thence 90° true to longitude latitude 30°23′54.20″ N, longitude 79°07′00″; thence southwesterly to lati- 081°24′14.11″ W, thence proceed directly tude 31°10′00″, longitude 79°24′00″; thence to latitude 30°23′46.33″ N, longitude 270° true to longitude 80°00′00″; and 081°24′03.73″ W, then the line meanders thence northeasterly to the point of be- irregularly, follow the shoreline at a ginning. distance of 380 feet seaward from the (b) The regulations. (1) The danger mean high water line to a point at lati- zones shall be open to navigation ex- tude 30°23′53.08″ N, longitude cept when aerial gunnery or bombing 081°23′34.00″ W, thence follow the arc of practice is being conducted. a circle with a radius of 466 feet, cen- ° ′ ″ (2) Prior to conducting each practice, tered at latitude 30 23 48.52 N, lon- ° ′ ″ the entire area will be patrolled by air- gitude 081 23 33.30 W, to a point on the ° ′ ″ craft to warn any persons and jetty at latitude 30 23 50.06 N, lon- ° ′ ″ watercraft found in the vicinity that gitude 081 23 28.26 W. such practice is about to take place. (3) Atlantic Ocean restricted area. The warning will be by ‘‘buzzing,’’ (i.e., From the last point identified in paragraph (a)(2) of this section, latitude by flying low over the person or 30°23′50.06″ N, longitude 081°23′28.26″ W, watercraft.) Any person or watercraft proceed to a point at latitude shall, upon being so warned, imme- 30°23′49.12″ N, longitude 81°23′28.10″ W, diately leave the area designated and then the line meanders irregularly, fol- shall remain outside the area until low the shoreline at a distance of 380 practice has ceased. feet seaward from the mean high water (3) The regulations in this section line to a point at latitude 30°22′54.37″ N, shall be enforced by the Commanding longitude 081°23′44.09″ W, thence pro- Officer, 2d Bombardment Wing, Hunter ceed directly to shore to terminate at latitude 30°22′54.46″ N, longitude 081°23′48.44″ W.

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(4) Sherman Creek restricted area. This hibited from entering, transiting, drift- restricted area shall encompass all ing, dredging, or anchoring within the navigable waters of the United States, area described in paragraph (a)(4) of as defined at 33 CFR part 329, to in- this section without the permission of clude Sherman Creek, its tributaries the Commanding Officer, NAVSTA and associated tidal marshes located Mayport or his/her authorized rep- within the NAVSTA Mayport area resentative. This restriction will be in boundaries described in this section. place 24 hours a day, seven days a The restricted area is completely en- week. Warning signs notifying individ- circled by roadways and is bordered on uals of the restricted area boundary the south by Wonderwood Expressway, and prohibiting entry into the area will on the west by SR A1A, on the north by be posted at 500-foot intervals along Perimeter Road, and on the east by the property boundary where prac- Mayport Road. ticable (e.g., not in the wetlands). In (5) Danger zone. The danger zone shall addition, a floating Small Craft Intru- encompass all navigable waters of the sion Barrier will be placed across Sher- United States, as defined at 33 CFR man Creek just east of the A1A bridge part 329, within the area bounded by a and another will be placed across tribu- line connecting the following coordi- taries to Sherman Creek just north of nates: Commencing from the shoreline the Wonderwood Expressway. at latitude 30°24′00.31″ N, longitude (4) Danger zone. During periods of 081°25′06.02″ W; thence to latitude munitions movement at wharves Bravo 30°24′11.16″ N, longitude 081°25′03.90″ W; and Charlie, no person or vessel shall thence to latitude 30°24′00.62″ N, lon- be allowed to remain within the 1,250- gitude 081°24′10.13″ W; thence to a point foot Explosive Safety Quantity-Dis- on the shoreline riprap at latitude tance arcs generated by the activity. 30°23′41.26″ N, longitude 081°24′08.82″ W. NAVSTA Mayport will not announce or (b) The regulations—(1) St. Johns River publish notification prior to enforcing restricted area. All persons, vessels, or this regulation due to the unacceptable other craft are prohibited from enter- security threat posed by advance pub- ing, transiting, drifting, dredging, or lic notice of military munitions move- anchoring within the area described in ments. paragraph (a)(2) of this section without (c) Enforcement. The regulations in the permission of the Commanding Of- this section shall be enforced by the ficer, NAVSTA Mayport or his/her au- Commanding Officer, NAVSTA thorized representative. This restric- Mayport and/or such persons or agen- tion will be in place 24 hours a day, cies as he/she may designate. Military seven days a week. Warning signs noti- vessels will patrol the areas identified fying individuals of the restricted area in this section 24 hours a day, 7 days a boundary and prohibiting entry into week. Any person or vessel encroaching the area will be posted at 500-foot in- within the areas identified in this sec- tervals along the property boundary. tion will be asked to immediately leave (2) Atlantic Ocean restricted area. All the area. Failure to do so will result in persons, vessels, or other craft are pro- the forceful removal of the person or hibited from entering, transiting, drift- vessel from the area in question. ing, dredging, or anchoring within the area described in paragraph (a)(3) of [75 FR 19885, Apr. 16, 2010] this section without the permission of the Commanding Officer, NAVSTA § 334.510 U.S. Navy Fuel Depot Pier, Mayport or his/her authorized rep- St. Johns River, Jacksonville, Fla.; restricted area. resentative. This restriction will be in place 24 hours a day, seven days a (a) The area is described as: week. Warning signs notifying individ- (1) A line running at 238.5° true and uals of the restricted area boundary paralleling the pier at 100 feet is ex- and prohibiting entry into the area will tended from the eastern edge of the be posted at 500-foot intervals along mooring platform #59 to the western the property boundary. edge of platform #65. From these points (3) Sherman Creek restricted area. All the boundaries are extended to the persons, vessels, or other craft are pro- shoreline along lines running at 328.5°.

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(2) The easterly waterward coordi- of 100 yards from the entranceway. nate being: From the last point identified in para- 30°23′58.0″ N 81°37′15.0″ W graph (a)(2) of this section, latitude 30°23′33.68″ N, longitude 81°30′32.61″ W, (3) The westerly waterward coordi- proceed west southwesterly to a point nate being: at latitude 30°23′30.93″ N, longitude 30°23′53.0″ N 81°37′24.4″ W 81°30′57.14″ W. (b) The regulations. (1) The use of (4) Area 3. From the last point identi- waters as previously described by pri- fied in paragraph (a)(3) of this section, vate and/or commercial floating craft latitude 30°23′30.93″ N, longitude or persons is prohibited with the excep- 81°30′57.14″ W, the line meanders irregu- tion of vessels or persons that have larly in a westerly direction, following been specifically authorized to do so by the shoreline at a distance of 100 yards the Officer in Charge of the Navy Fuel from the mean high water line to a Depot. point at latitude 30°23′26.34″ N, lon- (2) This regulation shall be enforced gitude 81°31′49.73″ W, thence proceed by the Officer in Charge, U.S. Navy north to terminate at a point on the Fuel Depot, Jacksonville, Florida, and shoreline at latitude 30°23′29.34″ N, lon- such agencies as the officer in charge gitude 81°31′49.79″ W. may designate. (b) The regulations. (1) With the ex- [44 FR 12192, Mar. 6, 1979, as amended at 45 ception of local, State and federal law FR 27755, Apr. 24, 1980. Redesignated at 50 FR enforcement entities, all persons, ves- 42696, Oct. 22, 1985, as amended at 62 FR 17554, sels, and other craft are prohibited Apr. 10, 1997] from entering, transiting, anchoring, § 334.515 Blount Island Command and or drifting within the areas described Marine Corps Support Facility– in paragraph (a) of this section for any Blount Island; Jacksonville, Florida reason without the permission of the restricted areas. Commanding Officer, Marine Corps (a) The areas. (1) The restricted areas Support Facility–Blount Island, Jack- shall encompass all navigable waters of sonville, Florida, or his/her authorized the United States, as defined at 33 CFR representative. 329, contiguous to the area identified as (2) The restriction noted in para- Blount Island Command and Marine graph (b)(1) of this section is in effect Corps Support Facility–Blount Island 24 hours a day, 7 days a week. (MCSF–BI). The three areas are contig- (3) Warning signs will be posted near uous but each area is described sepa- the MCSF–BI shoreline advising boat- rately below for clarification. (2) Area 1. Commencing from the ers of the restrictions in this section. shoreline at the northwest portion of (c) Enforcement. (1) The regulations in the facility, at latitude 30°24′46.10″ N, this section shall be enforced by the longitude 81°32′19.01″ W, thence proceed Commanding Officer, Marine Corps 200 yards in a northwesterly direction Support Facility–Blount Island, Jack- to latitude 30°24′49.84″ N, longitude sonville, Florida, and/or such persons 81°32′23.12″ W. From this point the line or agencies as he/she may designate. meanders irregularly, following the (2) Enforcement of the regulations in shoreline at a distance of 200 yards this section will be accomplished uti- from the mean high water line to a lizing the Department of Defense Force point at latitude 30°23′36.75″ N, lon- Protection Condition (FPCON) System. ° ′ ″ gitude 81 30 26.42 W, thence southwest- From the lowest security level to the ° ′ ″ erly to a point at latitude 30 23 34.44 N, highest, Force Protection Conditions ° ′ ″ longitude 81 30 28.80 W, thence west levels are titled Normal, Alpha, Bravo, southwesterly to a point at latitude Charlie and Delta. The regulations in 30°23′33.68″ N, longitude 81°30′32.61″ W. this section will be enforced as noted in (3) Area 2. This includes all waters within the area generally identified as paragraph (b) of this section, or at the the U.S. Marine Corps Slipway but discretion of the Commanding Officer. which is also known as the Back River [73 FR 54073, Sept. 18, 2008] area and the waters out to a distance

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§ 334.520 Lake George, Fla.; naval ida, and such agencies as he may des- bombing area. ignate. (a) The danger zone. An area in the [16 FR 10992, Oct. 30, 1951. Redesignated at 50 eastern part of Lake George described FR 42696, Oct. 22, 1985, as amended at 62 FR as follows: Beginning at latitude 17554, Apr. 10, 1997] 29°13′16″, longitude 81°34′28″; thence along a line parallel to the navigation § 334.525 Atlantic Ocean off John F. channel to latitude 29°20′05″, longitude Kennedy Space Center, FL; restricted area. 81°36′15″; thence along a line about three-fifths mile southerly from the (a) The area. The restricted area shall Putnam-Volusia County line to lati- encompass all navigable waters of the tude 29°20′19″, longitude 81°35′12″; thence United States, as defined at 33 CFR to latitude 29°18′36″, longitude 81°33′53″; part 329, contiguous to the area off- thence to latitude 29°13′22″, longitude shore of the John F. Kennedy Space 81°32′38″; and thence to the point of be- Center (KSC), Florida. The area is ginning. The area will be marked by bounded by a line connecting the fol- appropriate warnings signs at the five lowing coordinates: Commencing from corners and at the midpoint of the the shoreline at the southwest portion longer side. of the area, at latitude 28°35.008′ N, lon- ° ′ (b) The regulations. (1) Bombing oper- gitude 80 34.448 W, thence directly to ° ′ ° ′ ations will be confined, as nearly as latitude 28 35.716 N, longitude 80 32.938 practicable, to the north-south center W, thence follow the mean high water line of the danger zone, keeping well line northerly at a distance of 1.5 nau- clear of the navigation channel. tical miles to a point at latitude 28°43.566′ N, longitude 80°39.094′ W, (2) Prior to each bombing operation thence proceed westerly to terminate the danger zone will be patrolled by at a point on the shoreline at latitude naval aircraft which will warn all per- 28°43.566′ N, longitude 80°41.189′ W. sons and vessels to leave the area by (b) The regulation. (1) The area de- ‘‘zooming’’ a safe distance to the side scribed in paragraph (a) of this section and at least 500 feet above the surface. will be closed when it is deemed nec- Upon being so warned, such persons essary by the Director, KSC or his/her and vessels shall leave the danger zone designee during launch operations or to immediately and shall not re-enter the address any perceived threat to the fa- danger zone until bombing operations cilities. With the exception of local, have ceased. State, and Federal law enforcement en- (3) At intervals of not more than tities, all persons, vessels, and other three months, public notices will be craft are prohibited from entering, issued that bombing operations are transiting, anchoring, or drifting with- continuing. Such notices will appear in in the restricted area when it is closed, the local newspaper and in ‘‘Notice to unless they have the permission of the Mariners’’. Director, KSC or his/her designee. (4) The regulations in this section (2) Due to the nature of this re- shall not deny passage through Lake stricted area, closures may occur with George by regular cargo-carrying ves- little advance notice. Closure of the sels proceeding along established lanes area shall be noticed by warning state- for such vessels. When any such vessel ments displayed on the electronic mar- is within the danger zone the officer in quee signs located at the gates of the charge of the bombing operations will KSC and on an electronic marquee sign cause the cessation or postponement of located on the north side of the Port such operations until the vessel has Canaveral ship channel between the cleared the area. The vessel shall pro- Trident and Poseidon wharfs during ceed on its normal course and shall not the duration of the closure. If time per- delay its progress. mits, additional information will be (5) The regulations in this section published in area newspapers and an- shall be enforced by the Commander, nounced on marine radio broadcast. Naval Air Bases, Sixth Naval District, (c) Enforcement. The regulations in Naval Air Station, Jacksonville, Flor- this section shall be enforced by the

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Director, KSC and/or such persons or directly to latitude 28°26.23′ N, lon- agencies as he/she may designate. gitude 80°38.25′ W, thence directly to latitude 28°26.23′ N, longitude 80°38.47′ [75 FR 34643, June 18, 2010] W, thence to reach the south side of § 334.530 Canaveral Harbor adjacent the Kennedy Space Center NASA to the Navy pier at Port Canaveral, Causeway East Roadway at approxi- Fla.; restricted area. mately latitude 28°30.74′ N, longitude ° ′ (a) The area. The waters of Canaveral 80 36.63 W. Harbor within a line circumscribing (b) The regulation. (1) The area de- the water approaches to the Navy pier scribed in paragraph (a) of this section along the northeasterly edge of the Ca- will be closed when it is deemed nec- naveral Harbor turning basin at a dis- essary by the Commander, 45th Space tance of 200 feet from all portions of Wing or his/her designee to address any the pier including the dolphins 200 feet perceived threat to the local area. With off the northwest end and 75 feet off the exception of local, State, and Fed- the southeast end of the pier. eral law enforcement entities, all per- (b) The regulations. (1) All unauthor- sons, vessels, and other craft are pro- ized vessels and personnel are prohib- hibited from entering, transiting, an- ited from the area during specified pe- choring, or drifting within the re- riods. stricted area when it is closed without (2) The area will be closed when a red the permission of the Commander, 45th square flag (bravo), and depending on Space Wing or his/her designee. the status of the hazardous operation, (2) Due to the nature of this re- either an amber or red beacon, steady stricted area, closures may occur with burning or rotating, day or night, when very little advance notice. Closure of displayed from any of the three berths the area shall be noticed by the display along the wharf. of a red beacon located at the southern (3) Lighted signs indicating the re- entrance to Cape Canaveral Air Force stricted area will be placed on the pier Station. Information will be provided and adjacent thereto. via marine radio broadcast during the (4) The regulations in this section duration of the area closure. shall be enforced by the Commanding (c) Enforcement. The regulations in Officer, U.S. Naval Ordnance Test Unit, this section shall be enforced by the AFMTC, Patrick Air Force Base, Flor- Commander, 45th Space Wing, Patrick ida. Air Force Base, Florida and/or such persons or agencies as he/she may des- [25 FR 12244, Nov. 30, 1960. Redesignated at 50 ignate. FR 42696, Oct. 22, 1985, as amended at 61 FR 34733, July 3, 1996] [74 FR 36401, July 23, 2009]

§ 334.540 Banana River at the Eastern § 334.560 Banana River at Patrick Air Range, 45th Space Wing, Cape Ca- Force Base, Fla.; restricted area. naveral Air Force Station, FL; re- (a) The area. The waters within an stricted area. area beginning at a point located at (a) The area. The restricted area shall latitude 28°16′19″ N., longitude 80°36′28″ encompass all navigable waters of the W.; proceed west to latitude 28°16′19″ N., United States, as defined at 33 CFR longitude 80°36′35″ W.; thence, south- part 329, within the Banana River con- westerly to latitude 28°14′34″ N., lon- tiguous to the area offshore of Cape Ca- gitude 80°37′08″ W.; thence, southerly to naveral Air Force Station, Florida. The latitude 28°12′44″ N., longitude 80°37′18″ area is bounded by a line connecting W.; thence, east to latitude 28°12′44″ N., the following coordinates: Commencing longitude 80°37′11″ W. This encompasses from the shoreline at the southeast an area reaching from the northern ex- portion of the area, at approximately tent described to the southern extent latitude 28°25.17′ N, longitude 80°36.24′ described and extending from the mean W, thence directly to latitude 28°25.18′ high water line waterward a minimum N, longitude 80°36.65′ W, thence directly distance of approximately 600 feet. to latitude 28°25.25′ N, longitude (b) The regulations. (1) All unauthor- 80°36.66′ W, thence directly to latitude ized persons and watercraft shall stay 28°25.22′ N, longitude 80°38.36′ W, thence clear of the area at all times.

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(2) The regulations in this section § 334.590 Atlantic Ocean off Cape Ca- shall be enforced by the Commander, naveral, Fla.; Air Force missile test- 45th Space Wing, Patrick Air Force ing area, Patrick Air Force Base, Base, Florida, and such agencies as he/ Fla. she may designate. (a) The danger zone. An area in the Atlantic Ocean immediately offshore [29 FR 3702, Mar. 25, 1964. Redesignated at 50 from Cape Canaveral defined by a line FR 42696, Oct. 22, 1985, and amended at 58 FR 3 nautical miles from shore, said area 37609, July 12, 1993; 62 FR 17554, Apr. 10, 1997; 70 FR 67371, Nov. 7, 2005] terminating in the north at a line on a bearing of 70° from a point on shore at ° ′ § 334.570 Banana River near Orsino, approximate latitude 28 35 north and Fla.; restricted area. in the south at a line on a bearing of 115° from a point on the shore at ap- (a) The area. That part of Banana proximate latitude 28°25′ north. River N of the NASA Banana River (b) The regulations. (1) All unauthor- Causeway near Orsino and extending ized persons and vessels are prohibited above the head of said river to the N from operating within the danger zone and westerly to Kennedy Parkway during firing periods to be specified by North. the Commander, Air Force Missile Test (b) The regulations. (1) All unauthor- Center, Patrick Air Force Base. ized craft and personnel shall stay (2) Warning signals will be used to clear of the area at all times. warn persons and vessels that the dan- (2) The regulations in this section ger zone is active. These signals will be shall be enforced by the Director, John in the form of a large red ball and a red F. Kennedy Space Center, NASA, Cocoa flashing high intensity beacon. One sig- Beach, Fla. nal will be located on a 90-foot pole near the shoreline at the north end of [30 FR 8831, July 14, 1965. Redesignated at 50 the danger zone, and one signal will be FR 42696, Oct. 22, 1985] located on a 90-foot pole near the shoreline about one-half mile north of § 334.580 Atlantic Ocean near Port Ev- the south limit of the danger zone. An erglades, Fla. amber rotating beacon and warning (a) The area. Beginning at a point lo- sign will be erected on the north side of cated at latitude 26°05′30″ N.—longitude the Port Canaveral ship channel to in- 80°03′30″ W.; proceed west to latitude dicate to vessels about to leave the 26°05′30″ N.—longitude 80°06′30″ W.; harbor that the danger zone is in use. Thence, southerly to latitude 26°03′00″ (3) When the signals in paragraph N.—longitude 80°06′42″ W.; Thence, east (b)(2) of this section are displayed, all to latitude 26°03′00″ N.—longitude persons and vessels, except those au- 80°05′44″ W.; Thence, south to latitude thorized personnel and patrol vessels, 26°01′36″ N.—longitude 80°05′44″ W.; will immediately leave the danger zone Thence, east to latitude 26°01′36″ N.— by the most direct route and stay out longitude 80°03′30″ W.; Thence, north to until the signals are discontinued. the point of beginning. (4) The regulations in this paragraph shall be enforced by the Commander, (b) The regulations. (1) Anchoring, Air Force Missile Test Center, Patrick trawling, dredging, or attaching any Air Force Base, Fla., and such agencies object to the submerged sea bottom as he may designate. shall be prohibited in the above described area. [22 FR 4814, July 9, 1957, as amended at 23 FR (2) The regulations of this section 3716, May 29, 1958; 27 FR 4778, May 19, 1962. Redesignated at 50 FR 42696, Oct. 22, 1985, as shall be enforced by the Facility Direc- amended at 62 FR 17554, Apr. 10, 1997] tor, Naval Surface Warfare Center, De- tachment Dania, Florida, and such § 334.595 Atlantic Ocean off Cape Ca- agencies as he/she may designate. naveral; 45th Space Wing, Cape Ca- naveral Air Force Station, FL; re- [51 FR 1370, Jan. 13, 1986, as amended at 70 stricted area. FR 67371, Nov. 7, 2005] (a) The area. The restricted area shall encompass all navigable waters of the

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United States, as defined at 33 CFR § 334.600 TRIDENT Basin adjacent to part 329, contiguous to the area off- Canaveral Harbor at Cape Canav- shore of Cape Canaveral Air Force Sta- eral Air Force Station, Brevard tion, Florida. The area is bounded by a County, Fla.; danger zone. line connecting the following coordi- (a) The danger zone. From the west nates: Commencing from the shoreline side of the access channel at latitude at the northwest portion of the area, at 28°24′37″, longitude 80°35′35″ to the east latitude 28°35.008′ N, longitude 80°34.448′ side of the access channel at latitude W, thence directly to latitude 28°35.716′ 28°24′37″, longitude 80°35′26″ and the en- N, longitude 80°32.938′ W, thence fol- tire basin. lowing the mean high water line at a (b) Regulations. (1) No unauthorized distance of 1.5 nautical miles offshore person or vessel shall enter the area. proceed southerly to a point at latitude The area will be used for loading and 28°24.187′ N, longitude 80°33.443′ W, unloading explosives. The entrance to thence proceeding westerly to termi- the basin will be marked by suitable nate at a point on the shoreline at lati- boundary signs. tude 28°24.69′ N, longitude 80°35.05′ W. (2) The regulations will be enforced (b) The regulation. (1) The area de- by the Commanding Officer, Naval Ord- scribed in paragraph (a) of this section nance Test Unit, Patrick Air Force will be closed when it is deemed nec- Base, Florida, or such agencies he may essary by the Commander, 45th Space designate. Wing or his/her designee to address any [41 FR 17898, Apr. 29, 1976. Redesignated at 50 perceived threat to the local area. With FR 42696, Oct. 22, 1985, as amended at 62 FR the exception of local, State, and Fed- 17554, Apr. 10, 1997] eral law enforcement entities, all persons, vessels, and other craft are pro- § 334.610 Key West Harbor, at U.S. Naval Base, Key West, Fla.; naval hibited from entering, transiting, an- restricted areas and danger zone. choring, or drifting within the restricted area when it is closed without (a) The areas. (1) All waters within 100 the permission of the Commander, 45th yards of the south shoreline of the Harry S. Truman Annex, beginning at Space Wing or his/her designee. a point on the shore at Latitude (2) Due to the nature of this re- 24°32′45.3″ N., Longitude 81°47′51″ W.; stricted area, closures may occur with thence to a point 100 yards due south of very little advance notice. Closure of the south end of Whitehead Street of the area shall be noticed by the display Latitude 24°32′42.3″ N., Longitude of a red ball and red beacon from a 90- 81°47′51″ W.; thence extending westerly, foot pole near the shoreline at approxi- paralleling the southerly shoreline of mately latitude 28°35.0′ N, longitude the Harry S. Truman Annex, to Lati- 80°34.8′ W and from a 90-foot pole near tude 24°32′37.6″ N., Longitude 81°48′32″ the shoreline at approximately latitude W., thence northerly to the shore at 28°25.3′ N, longitude 80°35.0′ W. Informa- Latitude 24°32′41″ N., Longitude 81°48′31″ tion will be provided via marine radio W. (Area #1). broadcast and a warning statement dis- (2) All waters within 100 yards of the played on an electronic marquee sign westerly shoreline of the Harry S. Tru- located on the north side of the Port man Annex and all waters within a por- Canaveral ship channel between the tion of the Truman Annex Harbor, as Trident and Poseidon Wharf during the defined by a line beginning on the duration of the area closure. shore at Latitude 24°33′00″ N., Lon- (c) Enforcement. The regulations in gitude 81°48′41.7″ W.; thence to a point ° ′ ″ this section shall be enforced by the 100 yards due west at Latitude 24 33 00 ° ′ ″ Commander, 45th Space Wing, Patrick N., Longitude 81 48 45 W.; thence Air Force Base, Florida and/or such northerly, paralleling the westerly persons or agencies as he/she may des- shoreline of the Harry S. Truman Annex, including a portion of the Tru- ignate. man Annex Harbor entrance, to Lati- [74 FR 36401, July 23, 2009; 74 FR 58849, Nov. tude 24°33′23″ N., Longitude 81°48′37″ W.; 16, 2009] thence southeasterly to the shore (sea

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wall) at Latitude 24°33′19.3″ N., Lon- Longitude 81°42′30″ W.; proceed due gitude 81°48′28.7″ W. (Area #2). south 100 yards to Latitude 24°33′20.4″ (3) All waters within 100 yards of the N., Longitude 81°42′30″ W.; thence, U.S. Coast Guard Station and the west- maintaining a distance of 100 yards erly end of Trumbo Point Annex begin- from the shoreline, proceed westerly ning at the shore at Latitude 24°33′47.6″ and northerly to Latitude 24°34′03″ N., N., Longitude 81°47′55.6″ W.; thence Longitude 81°42′47″ W.; thence due westerly to Latitude 24°33′48″ N., Lon- north to a point at the easterly end of gitude 81°48′00.9″ W.; thence due south the U.S. Highway 1 (Boca Chica Chan- to Latitude 24°33′45.8″ N., Longitude nel) bridge at Latitude 24°34′39″ N., 81°48′00.9″ W.; thence westerly to Lati- Longitude 81°42′47″ W. (Area #5). tude 24°33′47″ N., Longitude 81°48′12″ W.; (6) Danger zone. All waters within an thence northerly to Latitude 24°34′06.2″ area along the northeast side of the N., Longitude 81°48′10″ W.; thence eas- Naval Air Station on Boca Chica Key terly to a point joining the restricted defined by a line beginning at latitude area around Fleming Key at Latitude 24°35.472′ N., longitude 81°41.824′ W.; 24°34′03.3″ N., Longitude 81°47′55″ W. thence proceed in a northerly direction (Area #3). to a point at latitude 24°36.289′ N., lon- (4) Beginning at the last point des- gitude 81°41.437′ W.; thence proceed ignated in area 3 at Latitude 24°34.0550′ westerly to a point at latitude 24°36.392′ N., Longitude 81°47.9166′ W.; proceed in N., longitude 81°41.970′ W.; thence to a a northwesterly direction to a point at point on shore at latitude 24°35.698′ N., Latitude 24°34.2725′ N., Longitude longitude 81°41.981′ W. 81°48.1304′ W.; thence proceed in a (b) The Regulations: (1) Entering or northeasterly direction to a point at crossing Restricted Areas #1 and #4 and Latitude 24°34.3562′ N., Longitude the Danger Zone (Area #6) described in 81°48.0192′ W.; thence proceed in a paragraph (a) of this section, by any northwesterly direction to a point at person or vessel, is prohibited. Latitude 24°34.4506′ N., Longitude (2) Privately owned vessels, properly 81°48.1444′ W.; thence proceed in a registered and bearing identification in northwesterly direction to a point at accordance with Federal and/or State Latitude 24°34.5619′ N., Longitude laws and regulations may transit the 81°48.1873′ W.; thence proceed in a following portions of restricted areas northeasterly direction to a point at #2, #3 and #5. NOTE: All vessels enter- Latitude 24°34.9084′ N., Longitude ing the areas at night must display 81°48.0945′ W.; thence proceed in a lights as required by Federal laws and northeasterly direction to a point at Coast Guard regulations or, if no con- Latitude 24°34.9809′ N., Longitude stant lights are required, then the ves- 81°47.9400′ W.; proceed in a general sel must display a bright white light northerly direction maintaining a dis- showing all around the horizon, tance of 100 yards from the shoreline of (i) The channel, approximately 75 Fleming Key, continue around Fleming yards in width, extending from the Key to a point easterly of the south- northwest corner of Pier D–3 of east corner of Fleming Key at Latitude Trumbo Point Annex, eastward be- 24°34.0133′ N., Longitude 81°47.6250′ W.; neath the Fleming Key bridge and thence easterly to Latitude 24°33.9600′ along the north shore of Trumbo Point N., Longitude 81°47.3333′ W.; thence Annex (area #3). southerly to a point on the shore at (ii) A channel of 150 feet in width Latitude 24°33.9117′ N., Longitude which extends easterly from the main 81°47.3450′ W. The Department of the ship channel into Key West Bight, the Navy plans to install buoys along that northerly edge of which channel passes portion of the restricted area boundary 25 feet south of the Trumbo Point which marks the outer edge of the ex- Annex piers on the north side of the plosive hazard safety distance require- Bight. While the legitimate access of ments. privately owned vessels to facilities of (5) All waters contiguous to the Key West Bight is unimpeded, it is pro- southwesterly shoreline of Boca Chica hibited to moor, anchor, or fish within Key beginning at a point on the south- 50 feet of any U.S. Government-owned west shoreline at Latitude 24°33′24″ N., pier or craft (area #3).

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(iii) The dredged portion of Boca tude 23°52′30″, longitude 83°11′00″; thence Chica channel from its seaward end to northerly to latitude 24°25′00″, lon- a point due south of the east end of the gitude 83°11′00″; thence easterly to lati- Boca Chica Bridge (area #5). tude 24°25′00″, longitude 83°08′00″; thence (iv) All of the portion of Restricted clockwise along the arc of a circle with Area No. 2 that lies between the Tru- a radius of 92 miles centered at latitude man Annex Mole and the Key West 24°35′00″, longitude 81°41′15″ to latitude Harbor Range Channel. The transit 25°45′05″, longitude 82°23′30″; thence east zone extends to the northeasterly cor- to point of beginning. ner of the Truman Annex Mole, thence (2) Bombing and strafing target areas. to the northwesterly end of the break- (i) A circular area immediately west of ° ′ ″ water at Latitude 24 33 21.3 N, Lon- Marquesas Keys with a radius of two ° ′ ″ gitude 81 48 32.7 W. nautical miles having its center at (3) Stopping or landing by any person latitude 24°33.4′ and longitude 82°10.9′, and/or any vessel, other than Govern- not to include land area and area with- ment-owned vessels and specifically in Marquesas Keys. The target located authorized private craft in any of the within this area, a grounded LSIL will restricted areas or danger zone de- be used for bombing and aircraft rocket scribed in paragraph (a) of this section exercises. is prohibited. (4) Vessels using the restricted chan- (ii) A circular area located directly nel areas described in paragraph (b)(2) west of Marquesas Keys with a radius (i), (ii), (iii), and (iv) of this section of three statute miles having its center ° ′ shall proceed at speeds commensurate at latitude 24 35.6 and longitude with minimum wake. 82°11.6′, not to include land area within (c) The regulations in this section Marquesas Keys. The targets located shall be enforced by the Commanding within this area, pile-mounted plat- Officer, Naval Air Station, Key West, forms, will be used as high altitude Florida, and such agencies as he/she horizontal bombing range utilizing live may designate. ordnance up to and including 1,800 pounds of high explosives. In general, [54 FR 7033, Feb. 16, 1989, as amended at 59 these explosives will be of an air-burst FR 48802, Sept. 23, 1994; 62 FR 17554, Apr. 10, 1997; 70 FR 67371, Nov. 7, 2005; 72 FR 44973, type, above 1,500 feet. Aug. 10, 2007] (iii) A circular area located west of Marquesas Keys with a radius of two § 334.620 Straits of Florida and Florida nautical miles having its center at Bay in vicinity of Key West, Fla.; latitude 24°34′30″ and longitude 82°14′00″. operational training area, aerial gunnery range, and bombing and (b) The regulations. (1) In advance of strafing target areas, Naval Air Sta- scheduled air or surface operations tion, Key West, Fla. which, in the opinion of the enforcing (a) The danger zones—(1) Operational agency, may be dangerous to training area. Waters of the Straits of watercraft, appropriate warnings will Florida and Gulf of Mexico southwest, be issued to navigation interests west and northwest of Key West bound- through official government and civil- ed as follows: Beginning at latitude ian channels or in such other manner 25°45′00″, longitude 82°07′00″; thence as the District Engineer, Corps of Engi- southeast to latitude 24°49′00″, lon- neers, Jacksonville, Florida, may di- gitude 81°55′00″; thence southwest to rect. Such warnings will specify the lo- latitude 24°37′30″, longitude 82°00′30″; cation, type, time, and duration of op- thence westerly to latitude 24°37′30″, erations, and give such other pertinent longitude 82°06′00″; thence southerly to information as may be required in the latitude 24°28′30″, longitude 82°06′00″; interests of safety. thence southerly to latitude 24°25′00″, (2) Watercraft shall not be prohibited longitude 82°06′30″; thence easterly to from passing through the operational latitude 24°25′00″, longitude 81°57′00″; training area except when the oper- thence southwesterly to latitude ations being conducted are of such na- 23°30′00″, longitude 82°19′00″; thence ture that the exclusion of watercraft is westerly to latitude 23°30′00″, longitude required in the interest of safety or for 82°46′00″; thence northwesterly to lati- accomplishment of the mission, or is

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considered important to the national tice shall begin. At intervals of not security. more than three months thereafter, no- (3) When the warning to navigation tice will be sent out that firing prac- interests states that bombing and tice is continuing. Such notices will strafing operations will take place over appear in local newspapers and in ‘‘No- the designated target areas or that tice to Mariners.’’ other operations hazardous to (3) The regulations in the section watercraft are proposed to be con- shall be enforced by the proper Air ducted in a specifically described por- Force Authority at MacDill Air Force tion of the overall area, all watercraft Base. will be excluded from the target area or otherwise described zone of oper- [13 FR 9559, Dec. 31, 1948. Redesignated at 14 ations and no vessel shall enter or re- FR 4904, August 9, 1949, and amended at 30 main therein during the period oper- FR 884, Jan. 28, 1965. Redesignated at 50 FR 42696, Oct. 22, 1985, as amended at 62 FR 17554, ations are in progress. Apr. 10, 1997] (4) Aircraft and naval vessels conducting operations in any part of the § 334.635 Hillsborough Bay and waters operational training area will exercise contiguous to MacDill Air Force caution in order not to endanger Base, Fla.; restricted area. watercraft. Operations which may be (a) The area. The restricted area shall dangerous to watercraft will not be encompass all navigable waters of the conducted without first ascertaining United States, as defined at 33 CFR 329, that the zone of operations is clear. Any vessel in the zone of operations within the following boundaries. Com- will be warned to leave and upon being mencing from the shoreline at the so warned the vessel shall leave imme- northeast portion of the base at lati- ° ′ ″ diately. tude 27 51 52.901 N., longitude ° ′ ″ (5) The regulations in this section 82 29 18.329 W., thence directly to lati- ° ′ ″ shall be enforced by the Commandant, tude 27 52 00.672 N., longitude ° ′ ″ Sixth Naval District, Charleston, S.C., 82 28 51.196 W., thence directly to lati- ° ′ ″ and such agencies as he may designate. tude 27 51 28.859 N., longitude 82°28′10.412″ W., thence directly to lati- [26 FR 11197, Nov. 28, 1961, as amended at 27 tude 27°51′01.067″ N., longitude FR 2508, Mar. 16, 1962; 31 FR 13129, Oct. 11, 82°27′45.355″ W., thence directly to lati- 1966. Redesignated at 50 FR 42696, Oct. 22, tude 27°50′43.248″ N., longitude 1985] 82°27′36.491″ W., thence directly to lati- § 334.630 Tampa Bay south of MacDill tude 27°50′19.817″ N., longitude Air Force Base, Fla.; small-arms fir- 82°27′35.466″ W., thence directly to lati- ing range and aircraft jettison, U.S. tude 27°49′38.865″ N., longitude Air Force, MacDill Air Force Base. 82°27′43.642″ W., thence directly to lati- (a) The danger zone. Shoreward of a tude 27°49′20.204″ N., longitude line beginning at latitude 27°49′27.38″, 82°27′47.517″ W., thence directly to lati- longitude 82°29′35.83″; thence to latitude tude 27°49′06.112″ N., longitude 27°49′20.14″, longitude 82°29′42.78″; thence 82°27′52.750″ W., thence directly to lati- to latitude 27°48′44.82″, longitude tude 27°48′52.791″ N., longitude 82°31′10.0″; thence to latitude 82°28′05.943″ W., thence directly to lati- 27°49′09.35″, longitude 82°32′24.56″; thence tude 27°48′45.406″ N., longitude to latitude 27°49′38.62″, longitude 82°28′32.309″ W., thence directly to lati- 82°33′02.44″; and thence to a point on the tude 27°48′52.162″ N., longitude shore line of MacDill Air Force Base at 82°29′26.672″ W., thence directly to lati- latitude 27°50′28.57″, longitude tude 27°49′03.600″ N., longitude 82°32′15.0″. The area will be marked by 82°30′23.629″ W., thence directly to lati- suitable boundary signs or buoys. tude 27°48′44.820″ N., longitude (b) The regulations. (1) All persons, 82°31′10.000″ W., thence directly to lati- vessels and other watercraft are pro- tude 27°49′09.350″ N., longitude hibited from entering the danger zone 82°32′24.556″ W., thence directly to lati- at all times. tude 27°49′38.620″ N., longitude (2) Advance notice will be given of 82°33′02.444″ W., thence directly to lati- the date on which the first firing prac- tude 27°49′56.963″ N., longitude

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82°32′45.023″ W., thence directly to lati- be repeated at intervals not exceeding tude 27°50′05.447″ N., longitude three months and at more frequent in- 82°32′48.734″ W., thence directly to lati- tervals when in the opinion of the en- tude 27°50′33.715″ N., longitude forcing agency, repetition is necessary 82°32′45.220″ W., thence directly to a in the interest of public safety. point on the western shore of the base (2) Prior to the conduct of rocket fir- at latitude 27°50′42.836″ N., longitude ing, the area will be patrolled by sur- 82°32′10.972″ W. The restricted area will face patrol boat and/or patrol aircraft encompass an existing Danger Zone to insure that no persons or watercraft (§ 334.630). are within the danger zone and to warn (b) The regulations. (1) All persons, any such persons or watercraft seen in vessels, and other craft are prohibited the vicinity that rocket firing is about from entering, transiting, anchoring, to take place in the area. When aircraft or drifting within the area described in is used to patrol the area, low flight of paragraph (a) of this section for any the aircraft across the bow will be used reason without the permission of the as a signal or warning. Commander, MacDill Air Force Base, (3) Any such person or watercraft Florida, or his/her authorized rep- shall, upon being so warned, imme- resentative. diately leave the area, and until the (2) The restriction noted in para- conclusion of the firing shall remain at graph (b)(1) of this section is in effect such a distance that they will be safe 24 hours a day, 7 days a week. from the fallout resulting from such (c) Enforcement. The regulations in rocket firing. this section shall be enforced by the (4) The regulations in this section Commander, MacDill Air Force Base, shall not deny access to or egress from Florida, and/or such persons or agen- harbors contiguous to the danger zone cies as he/she may designate. in the case of regular passenger or [70 FR 67371, Nov. 7, 1005] cargo carrying vessels proceeding to or from such harbors. In the case of the § 334.640 Gulf of Mexico south of presence of any such vessel in the dan- Apalachee Bay, Fla.; Air Force rock- ger zone the officer in charge shall et firing range. cause the cessation or postponement of (a) The danger zone. An area about 45 fire until the vessel shall have cleared statute miles wide and 60 statute miles that part of the area in which it might long, approximately parallel to and be endangered by the fallout. The ves- about 30 miles off the west coast of sel shall proceed on its normal course Florida, south of Apalachee Bay. The and shall not delay its progress unnec- area is bounded as follows: Beginning essarily. Masters are requested to at latitude 29°42′30″, longitude 84°40′00″; avoid the danger zone whenever pos- thence east along latitude 29°42′30″ to sible so that interference with firing longitude 84°00′00″; thence southeast to training may be minimized. latitude 28°56′00″, longitude 83°31′00″; (c) The regulations in this section thence southwest to latitude 28°37′00″, shall be enforced by the Commander, longitude 84°11′00″; thence northwest to Moody Air Force Base, Valdosta, Geor- latitude 29°17′30″, longitude 84°40′00″; gia, and such agencies as he may des- thence northwest to latitude 29°32′00″, ignate. ° ′ ″ longitude 85 00 00 ; thence northeast [21 FR 2944, May 3, 1956, as amended at 22 FR along a line three miles off the 3755, May 29, 1957. Redesignated at 50 FR meanderings of the shore to the point 42696, Oct. 22, 1985, as amended at 62 FR 17554, of beginning. Apr. 10, 1997] (b) The regulations. (1) The fact that aerial rocket firing will be conducted § 334.650 Gulf of Mexico, south of St. over the danger zone will be advertised George Island, Fla.; test firing to the public through the usual media range. for the dissemination of information. (a) The danger zone. A fan-shaped Inasmuch as such firing is likely to be area bounded as follows: conducted during the day or night throughout the year without regard to Latitude Longitude season, such advertising of firing will NW corner— ..... 29°35′15″ 85°03′12″

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Latitude Longitude Headquarters 4756th Air Defense Wing (Weapons) U. S. Air Force, Tyndall Air SW corner— ..... 29°31′18″ 85°07′31″ SE corner— ...... 29°30′18″ 84°59′18″ Force Base, Florida, and such other NE corner— ...... 29°35′09″ 85°01′53″ agencies as he may designate. [23 FR 5507, July 19, 1958, as amended at 23 The seaward end of the area is an arc FR 6555, Aug. 23, 1958. Redesignated at 50 FR with a 10,500 meter radius with its cen- 42696, Oct. 22, 1985, as amended at 62 FR 17555, ter located on the south shore line of Apr. 10, 1997] St. George Island 1,500 feet east of Cape St. George Light. § 334.670 Gulf of Mexico south and (b) The regulations. (1) The area shall west of Apalachicola, San Blas, and be used from sunrise to sunset daily St. Joseph bays; air-to-air firing Mondays through Fridays for test fir- practice range, Tyndall Air Force ing helicopter armament. Base, Fla. (2) During firing, the entire area plus (a) The danger zone. Beginning at 5 miles beyond in all directions shall be latitude 29°40′00″, longitude 85°21′30″, in kept under surveillance by one control the vicinity of Cape San Blas; thence helicopter equipped with FM and UHF southeasterly to latitude 29°23′00″, lon- communications to the Safety Office at gitude 84°39′00″; thence southwesterly range control to insure cease fire if an to latitude 28°39′00″, longitude 84°49′00″; aircraft or surface vessel is observed thence northwesterly to latitude approaching the area. ° ′ ″ ° ′ ″ (3) The regulations in this section 29 43 00 , longitude 85 53 00 ; thence ° ′ ″ shall be enforced by the Commanding northeasterly to latitude 29 56 30 , lon- ° ′ ″ Officer, U.S. Army Aviation Test gitude 85 38 30 ; and thence southeast- Board, Fort Rucker, Ala., and such erly to the point of beginning. agencies as he may designate. (b) The regulations. (1) Air-to-air firing practice will ordinarily take place [33 FR 4464, Mar. 13, 1968, as amended at 36 in the area during the hours of day- FR 15528, Aug. 17, 1971. Redesignated at 50 FR 42696, Oct. 22, 1985] light, seven days per week. During periods of firing, passage through the § 334.660 Gulf of Mexico and Apalachi- area will not be denied to cargo-car- cola Bay south of Apalachicola, Fla., rying or passenger-carrying vessels or Drone Recovery Area, Tyndall Air tows proceeding on established routes. Force Base, Fla. In case any such vessel is within the (a) The restricted area. A rectangular danger area, the officer in charge of fir- area excluding St. George Island with ing practice operations will cause the the eastern boundary of the area west cessation or postponement of fire until of the channel through St. George Is- the vessel has cleared that part of the land within the following co-ordinates: area within range of the weapons being Beginning at a point designated as the used. The vessel shall proceed on its northeast corner latitude 29°38′20″ N, normal course and not delay its ° ′ ″ longitude 84 58 30 W; thence southeast progress. ° ′ ″ to latitude 29 35 23 N, longitude (2) All persons and vessels will be 84°56′54″ W; thence southwest to lati- warned to leave the danger area during tude 29°34′15″ N, longitude 85°00′35″ W; firing practice by surface patrol boat thence northwest to latitude 29°37′10″ and/or patrol aircraft. When aircraft is N, longitude 85°02′00″ W; thence northeast to point of beginning. used to patrol the area, low flight of (b) The regulations. (1) The area will the aircraft overhead and/or across the be used twice daily and during usage bow will be used as a signal or warning. will be restricted to navigation for a Upon being so warned all persons and period of one hour. It may be used free- vessels shall clear the area imme- ly at all other times. diately. (2) Patrol boats and aircraft will (3) The area will be open to all ves- warn all persons and navigation out of sels whenever firing practice is not the area before each testing period. being conducted. (3) The regulations in this section (4) The regulations in this section shall be enforced by the Commander, shall be enforced by the Commanding

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Officer, Tyndall Air Force Base, Flor- ida, and such agencies as he may des- ida, and such agencies as he may designate. ignate. (Sec. 7, 40 Stat. 266, Chap. XIX, 40 Stat. 892; [16 FR 7460, July 31, 1951, as amended at 22 (33 U.S.C. 1, 3)) FR 3755, May 29, 1957. Redesignated at 50 FR 42696, Oct. 22, 1985, as amended at 62 FR 17555, [28 FR 3394, Apr. 6, 1963, as amended at 30 FR Apr. 10, 1997; 62 FR 24034, May 2, 1997] 16267, Dec. 30, 1965; 39 FR 44752, Dec. 27, 1974. Redesignated at 50 FR 42696, Oct. 22, 1985, as § 334.680 Gulf of Mexico, southeast of amended at 62 FR 17555, Apr. 10, 1997] St. Andrew Bay East Entrance, small-arms firing range, Tyndall Air § 334.690 [Reserved] Force Base, Fla. § 334.700 Choctawhatchee Bay, aerial (a) The danger zones—(1) Area No. 1. gunnery ranges, Air Armament Cen- The waters of the Gulf of Mexico, ter, Eglin Air Force Base, Fla. southeast of St. Andrew Bay East En- trance within a rectangular area begin- (a) The danger zones—(1) Aerial gun- ning at a point on shore at latitude nery range in west part of 30°04′32″, longitude 85°37′07″; thence to Choctawhatchee Bay. The danger zone latitude 30°03′03″, longitude 85°38′42″; shall encompass all navigable waters of thence to latitude 30°02′14″, longitude the United States as defined at 33 CFR 85°37′15″; thence to a point on shore at part 329, including the waters of latitude 30°04′13″, longitude 85°36′47″; Choctawhatchee Bay within an area thence along the shoreline to the point bounded by a line connecting the fol- of beginning. lowing coordinates, excluding that part (2) Area No. 2. The waters of the Gulf of the area included within the aerial of Mexico and St. Andrew Sound within gunnery range along the north shore of an area described as follows, but ex- Choctawhatchee Bay as described in cluding Crooked Island: Beginning at a paragraph (a)(2) of this section: Com- point on shore at latitude 30°02′56″, lon- mencing at the northeast shore at lati- gitude 85°34′35″; thence to latitude tude 30°28′09.11″ N, longitude 30°02′18″, longitude 85°36′18″; thence to 086°29′02.30″ W; thence to latitude latitude 30°01′24″, longitude 85°35′40″; 30°25′30″ N, longitude 086°21′30″ W; thence to latitude 30°00′45″, longitude thence to latitude 30°23′34.72″ N, lon- 85°34′41″; thence to a point on shore at gitude 086°23′00.22″ W; then following latitude 30°02′10″, longitude 85°33′42″; the shoreline at the mean high water thence along the shore line to the point line to latitude 30°24′09.45″ N, longitude of beginning. 086°25′00.08″ W; thence to the southwest (b) The regulations. (1) No person, ves- shore at latitude 30°27′54.18″ N, lon- sel or other watercraft shall enter or gitude 086°29′18.32″ W; then following remain in the areas during periods of the shoreline at the mean high water firing. Area No. 1 will be used for firing line easterly to point of origin. practice between 6:30 a.m. and 5:00 (2) Aerial gunnery range along north p.m., as scheduled, Monday through shore of Choctawhatchee Bay. The dan- Friday, with possibly some sporadic ger zone shall encompass all navigable firings on Saturdays and Sundays. A 10′ waters of the United States as defined × 18′ red flag will be displayed on a pole at 33 CFR part 329, including the at the shoreline whenever firing is in waters of Choctawhatchee Bay within progress. an area bounded by a line connecting (2) Area No. 2 will be operated on a the following coordinates: Commencing sporadic schedule, with firings likely at the northwest shore at latitude each day including Saturdays, Sun- 30°27′26″ N, longitude 086°25′30″ W; days, and holidays, between the hours thence to latitude 30°26′00″ N, longitude of 6:00 a.m. and 5:00 p.m. A 10′ × 18′ red 086°25′30″ W; thence to latitude 30°26′57″ flag will be displayed on a pole at the N, longitude 086°20′35″ W; thence to shore line whenever firing is in latitude 30°26′12″ N, longitude 086°20′35″ progress. W; thence to latitude 30°26′29″ N, lon- (3) The regulations in this section gitude 086°15′00″ W; thence to the north- shall be enforced by the Commanding east shore at latitude 30°29′08.7″ N, lon- Officer, Tyndall Air Force Base, Flor- gitude 086°15′00″ W; then following the

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shoreline at the mean high water line N, longitude 086°48′25.433″ W (USC&GS easterly to point of origin. Station Tuck 3), within the segment of (b) The regulations—(1) Aerial gunnery a circle, three nautical miles in radius, range in west part of Choctawhatchee centered at latitude 30°24′00″ N, lon- Bay. The aerial gunnery range in the gitude 086°41′47″ W. west part of Choctawhatchee Bay (as (b) The regulations. The area will be described in paragraph (a)(1) of this used intermittently during daylight section) may be used by persons and hours. During periods of use the entry watercraft except during periods when into the area will be prohibited to all firing is conducted. Use of the area will persons and navigation. Notifications be advertised in advance by Eglin AFB Public Affairs. During periods of firing, will be via Eglin AFB water patrol and traverse of this area shall not be denied published in local news media in ad- to regular cargo-carrying or passenger- vance. carrying vessels or tows proceeding on (c) Enforcement. (1) The regulations in established routes. In case any such this section shall be enforced by the vessel is within the area, the officer in Commander, 96 Air Base Wing, Eglin charge of gunnery operations will AFB, Florida and such agencies as he/ cause the cessation or postponement of she may designate. fire until the vessel has cleared that (2) Enforcement of the regulations in part of the area within the range of the this section will be accomplished in ac- weapons being used. The vessel shall cordance with the active security level proceed on its normal course and shall as defined by the Department of De- not delay its progress. fense Force Protection Condition (2) Aerial gunnery range along north (FPCON) System. shore of Choctawhatchee Bay. No person, vessel or other craft shall enter or re- [76 FR 75455, Dec. 2, 2011] main within the aerial gunnery range along the north shore of § 334.720 Gulf of Mexico, south from Choctawhatchee Bay (as described in Choctawhatchee Bay; Missile test paragraph (a)(2) of this section) during area. times the area is active. Activation of (a) The danger zone. The danger zone the area will be advertised in advance shall encompass all navigable waters of by Eglin AFB Public Affairs. the United States as defined at 33 CFR (c) Enforcement. (1) The regulations in part 329, including the waters of the this section shall be enforced by the Gulf of Mexico south from Commander, 96 Air Base Wing, Eglin Choctawhatchee Bay within an area de- AFB, Florida and such agencies as he/ scribed as follows: Beginning at a point she may designate. five nautical miles southeasterly from (2) Enforcement of the regulations in USC&GS Station Tuck 3, at latitude this section will be accomplished in ac- 30°23′10.074″ N, longitude 086°48′25.433″ cordance with the active security level W, three nautical miles offshore of as defined by the Department of De- Santa Rosa Island; thence easterly fense Force Protection Condition three nautical miles offshore and par- (FPCON) System. allel to shore, to a point south of Apa- [76 FR 75455, Dec. 2, 2011] lachicola Bay, Florida at latitude 29°32′00″ N, longitude 085°00′00″ W; § 334.710 The Narrows and Gulf of Mexico adjacent to Santa Rosa Is- thence southeasterly to latitude land, Headquarters Air Armament 29°17′30″ N, longitude 084°40′00″ W; Center, Eglin Air Force Base, Fla. thence southwesterly to latitude ° ′ ″ ° ′ ″ (a) The restricted area. The restricted 28 40 00 N, longitude 084 49 00 W; area shall encompass all navigable thence southeasterly to latitude waters of the United States as defined 28°10′00″ N, longitude 084°30′00″ W; at 33 CFR part 329, including the thence 270° true to longitude 086°48′00″ waters of The Narrows and the Gulf of W; thence due north along longitude Mexico easterly of the periphery of a 086°48′00″ W to the intersection of the circular area five nautical miles in ra- line with a circle of five nautical miles dius, centered at latitude 30°23′10.074″ radius centered on USC&GS Station

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Tuck 3, at latitude 30°23′10.074″ N, lon- § 334.730 Waters of Santa Rosa Sound gitude 086°48′25.433″ W, thence north- and Gulf of Mexico adjacent to easterly along the arc of the circle to Santa Rosa Island, Armament Cen- the point of beginning. ter, Eglin Air Force Base, Fla. (b) The regulations. (1) The area will (a) The areas—(1) The danger zone. be used intermittently during daylight The danger zone shall encompass all hours for a week or 10 days at a time. navigable waters of the United States Firing will take place once or twice a as defined at 33 CFR part 329, including day for periods ordinarily of not more the waters of Santa Rosa Sound and than one hour. Advance notice of such Gulf of Mexico within a circle one nau- firings will be published in local news- tical mile in radius, centered at lati- papers. tude 30°23′10.074″ N, longitude (2) During periods of firing, passage 086°48′25.433″ W (USC&GS Station Tuck through the area will not be denied to 3). The portion of the area in Santa cargo-carrying or passenger-carrying Rosa Sound includes the Gulf Intra- vessels or tows proceeding on estab- coastal Waterway between miles 209.6 lished routes. In case any such vessel is and 211.4 as measured from the Harvey within the danger zone, the officer in Lock, Louisiana, ‘‘zero mile’’ location. charge of firing operations will cause (2) The restricted areas—(i) Area 1. The the cessation or postponement of fire restricted area shall encompass all until the vessel has cleared the portion navigable waters of the United States of the danger area involved. The entire as defined at 33 CFR part 329, including area involved will be under constant the waters of Santa Rosa Sound and observation of both surface patrol ves- Gulf of Mexico, surrounding the danger sels and air patrol planes prior to and zone described in paragraph (a)(1) of during periods of firing and notice will this section, within a circle five nau- be given to vessels and tows of inten- tical miles in radius centered at lati- tion to fire by buzzing low over the ves- tude 30°23′10.074″ N, longitude sel, upon which signal vessels and tows 086°48′25.433″ W (USC&GS Station Tuck shall proceed on their established 3). The portion of the area in Santa course promptly and clear the area as Rosa Sound includes the Gulf Intra- soon as possible. coastal Waterway between mile des- (3) All persons and vessels, except ignation 204.6 and 216.4 as measured those identified in paragraph (b)(2) of from the Harvey Lock, Louisiana, this section, will be warned to leave ‘‘zero mile’’ location. the immediate danger area during fir- (ii) Area 2. Santa Rosa Island, North ing periods by surface patrol craft. Side. The restricted area shall encom- Upon being so warned, such persons pass all navigable waters of the United and vessels shall clear the area imme- States as defined at 33 CFR part 329 diately. Such periods normally will not within the area bounded by a line con- exceed two hours. necting the following coordinates: (c) Enforcement. (1) The regulations in Commencing from the shoreline at this section shall be enforced by the latitude 30°24′06.58″ N, longitude Commander, 96 Air Base Wing, Eglin 086°40′25.00″ W; thence to latitude AFB, Florida and such agencies as he/ 30°24′08.08″ N, longitude 086°40′25.00″ W; she may designate. then the line meanders irregularly, fol- (2) Enforcement of the regulations in lowing the shoreline at a distance of this section will be accomplished in ac- 150 feet seaward from the mean high cordance with the active security level water line to a point at latitude as defined by the Department of De- 30°23′12.34″ N, longitude 086°50′57.62″ W, fense Force Protection Condition thence proceeding directly to a point (FPCON) System. on the shoreline at latitude 30°23′10.85″ N, longitude 086°50′57.62″ W. The area [76 FR 75455, Dec. 2, 2011] also includes all contiguous inland navigable waters which lie within the land boundaries of Eglin AFB.

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(iii) Area 3. Choctawhatchee Bay, the restricted areas described in para- North side—Hurlburt Field. The re- graph (a)(2) of this section for any rea- stricted area shall encompass all navi- son is not allowed without permission gable waters of the United States as of Eglin AFB or the Hurlburt Field defined at 33 CFR part 329 within the Commander or his/her authorized rep- area bounded by a line connecting the resentative, except to navigate the following coordinates: Gulf Intracoastal Waterway. Such ves- Commencing from the shoreline at sels and other watercraft shall confine latitude 30°24′28.30″ N, longitude their movements to the waters within 086°40′54.91″ W; thence to latitude the limits of the Intracoastal Water- 30°24′26.32″ N, longitude 086°40′54.91″ W; way and shall make the passage as then the line meanders irregularly, fol- promptly as possible under normal ves- lowing the shoreline at a distance of sel speed. 200 feet seaward from the mean high (ii) The areas identified in paragraph water line to a point at latitude (a)(2) of this section and the associated 30°24′20.92″ N, longitude 086°41′45.96″ W; restrictions described in paragraph thence directly to latitude 30°24′23.31″ (b)(2)(i) of this section are in effect 24 N, longitude 086°42′00.20″ W; thence di- hours a day, 7 days a week. rectly to latitude 30°24′28.83″ N, lon- (c) Enforcement. (1) The regulations in gitude 086°42′07.42″ W; thence directly this section shall be enforced by the to latitude 30°24′25.98″ N, longitude Commander, 96 Air Base Wing, Eglin 086°42′17.12″ W; thence directly to lon- AFB, Florida and such agencies as he/ gitude 30°24′26.31″ N, longitude she may designate. 086°42′19.82″ W; then the line meanders (2) Enforcement of the regulations in irregularly following the shoreline at a this section will be accomplished in ac- distance of 200 feet seaward from the cordance with the active security level mean high water line to a point at lati- as defined by the Department of De- tude 30°24′28.80″ N, longitude fense Force Protection Condition 086°42′53.83″ W, thence proceeding di- (FPCON) System. rectly to a point on the shoreline at [76 FR 75456, Dec. 2, 2011] latitude 30°24′30.79″ N, longitude 086°42′53.83″ W. § 334.740 North Shore Choctawhatchee (b) The regulations—(1) The danger Bay, Eglin Air Force Base, Fla. zone. (i) Experimental test operations (a) The area. The restricted area shall will be conducted by the U.S. Air Force encompass all navigable waters of the (USAF) within the danger zone. During United States as defined at 33 CFR part periods when experimental test oper- 329 within the area bounded by a line ations are underway, no person, vessel connecting the following coordinates: or other watercraft shall enter or navi- Commencing from the shoreline at gate the waters of the danger zone. latitude 30°28′59.90″ N, longitude (ii) The area identified in paragraph 086°29′08.88″ W; thence to latitude (a)(1) of this section and the associated 30°28′59.61″ N, longitude 086°29′01.81″ W; restrictions described in paragraph thence to latitude 30°29′08.01″ N, lon- (b)(1)(i) of this section are in effect 24 gitude 086°28′47.78″ W; then following hours a day, 7 days a week. The area is the mean high water line at a distance used on an intermittent basis and, gen- of 1,000 feet to a point at latitude erally, any test operations shall not ex- 30°26′48.60″ N, longitude 086°32′31.95″ W, ceed one hour and shall not occur more thence proceeding directly to a point than twice weekly. on the shoreline at latitude 30°26′53.58″ (2) The restricted areas. (i) All persons, N, longitude 086°32′41.81″ W. The area vessels and other craft are permitted also includes all contiguous inland nav- access to the restricted areas described igable waters that lie within the land in paragraph (a)(2) of this section. Any boundaries of Eglin AFB. person or vessel within the restricted (b) The regulations. (1) All persons, areas will be subject to identification vessels and other craft are permitted checks by USAF patrol boats. During access to the restricted area described times of high security threats against in paragraph (a) of this section. Any Eglin AFB or Hurlburt Field, all entry, person or vessel within the restricted transit, anchoring or drifting within area will be subject to identification

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checks by U.S. Air Force patrol boats. of this section for any reason is not al- During times of high security threats lowed without the permission of the against Eglin AFB, all entry, transit, Commander, Eglin AFB, Florida, or anchoring or drifting within the re- his/her authorized representative. stricted area described in paragraph (a) (2) The area identified in paragraph of this section for any reason is not al- (a) of this section and the associated lowed without the permission of the restrictions described in paragraph Commander, 96 Air Base Wing, Eglin (b)(1) of this section are in effect 24 AFB, and his/her authorized represent- hours a day, 7 days a week. ative. (c) Enforcement. (1) The regulations in (2) The area identified in paragraph this section shall be enforced by the (a) of this section and the associated Commander, 96 Air Base Wing, Eglin restrictions described in paragraph AFB, Florida and such agencies as he/ (b)(1) of this section are in effect 24 she may designate. hours a day, 7 days a week. (2) Enforcement of the regulations in (c) Enforcement. (1) The regulations in this section will be accomplished in ac- this section shall be enforced by the cordance with the active security level Commander, 96 Air Base Wing, Eglin as defined by the Department of De- AFB, Florida and such agencies as he/ fense Force Protection Condition she may designate. (FPCON) System. (2) Enforcement of the regulations in [76 FR 75457, Dec. 2, 2011] this section will be accomplished in accordance with the active security level § 334.744 Eglin Poquito Housing at as defined by the Department of De- Eglin Air Force Base, Fla.; re- fense Force Protection Condition stricted area. (FPCON) System. (a) The area. The restricted area shall [76 FR 75456, Dec. 2, 2011] encompass all navigable waters of the United States, as defined at 33 CFR § 334.742 Eglin Camp Pinchot, Fla., at part 329, within the area bounded by a Eglin Air Force Base, Fla.; re- line connecting the following coordi- stricted area. nates: Commencing from the shoreline (a) The area. The restricted area shall at latitude 30°27′11.68″ N, longitude encompass all navigable waters of the 086°34′32.87″ W; thence to latitude United States, as defined at 33 CFR 30°27′11.86″ N, longitude 086°34′34.59″ W; part 329, within the area bounded by a then the line meanders irregularly, fol- line connecting the following coordi- lowing the shoreline at a distance of nates: Commencing from the shoreline 150 feet seaward from the mean high at latitude 30°28′18.68″ N, longitude water line to a point at latitude 086°35′38.66″ W; thence to latitude 30°27′31.25″ N, longitude 086°34′38.56″ W, 30°28′20.80″ N, longitude 086°35′36.25″ W; thence proceeding directly to a point then the line meanders irregularly, fol- on the shoreline at latitude 30°27′34.07″ lowing the shoreline at a distance of N, longitude 086°34′35.67″ W. 300 feet seaward from the mean high (b) The regulations. (1) All persons, water line to a point at latitude vessels and other craft are permitted 30°28′06.02″ N, longitude 086°35′39.18″ W, access to the restricted area described thence proceeding directly to a point in paragraph (a) of this section. Any on the shoreline at latitude 30°28′07.47″ person or vessel within the restricted N, longitude 086°35′42.17″ W. area will be subject to identification (b) The regulations. (1) All persons, checks by U.S. Air Force patrol boats. vessels and other craft are permitted During times of high security threats access to the restricted area described against Eglin AFB, all entry, transit, in paragraph (a) of this section. Any anchoring or drifting within the re- person or vessel within the restricted stricted area described in paragraph (a) area will be subject to identification of this section for any reason is not al- checks by U.S. Air Force patrol boats. lowed without the permission of the During times of high security threats Commander, Eglin AFB, Florida, or against Eglin AFB, all entry, transit, his/her authorized representative. anchoring or drifting within the re- (2) The area identified in paragraph stricted area described in paragraph (a) (a) of this section and the associated

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restrictions described in paragraph nates: Commencing from the shoreline (b)(1) of this section are in effect 24 at latitude 30°24′35.06″ N, longitude hours a day, 7 days a week. 086°46′20.31″ W; thence to latitude (c) Enforcement. (1) The regulations in 30°24′33.57″ N, longitude 086°46′20.31″ W; this section shall be enforced by the then the line meanders irregularly, fol- Commander, 96 Air Base Wing, Eglin lowing the shoreline at a distance of AFB, Florida and such agencies as he/ 150 feet seaward from the mean high she may designate. water line to a point at latitude (2) Enforcement of the regulations in 30°24′34.81″ N, longitude 086°46′09.19″ W, this section will be accomplished in ac- thence proceeding directly to a point cordance with the active security level on the shoreline at latitude 30°24′36.30″ as defined by the Department of De- N, longitude 086°46′09.19″ W. fense Force Protection Condition (b) The regulations. (1) All persons, (FPCON) System. vessels and other craft are permitted access to the restricted area described [76 FR 75457, Dec. 2, 2011] in paragraph (a) of this section. Any person or vessel within the restricted § 334.746 U.S. Coast Guard, Destin Sta- tion at Eglin Air Force Base, Fla.; area will be subject to identification restricted area. checks by U.S. Air Force patrol boats. During times of high security threats (a) The area. The restricted area shall against Eglin AFB, all entry, transit, encompass all navigable waters of the anchoring or drifting within the re- United States, as defined at 33 CFR stricted area described in paragraph (a) part 329, within the area bounded by a of this section for any reason is not al- line connecting the following coordi- lowed without the permission of the nates: Commencing from the shoreline Commander, Eglin AFB, Florida, or at latitude 30°23′33.45″ N, longitude ° ′ ″ his/her authorized representative. 86 31 37.51 W; thence to latitude (2) The area identified in paragraph 30°23′35.67″ N, longitude 86°31′37.31″ W; ° ′ ″ (a) of this section and the associated thence to latitude 30 23 33.68 N, lon- restrictions described in paragraph gitude 86°31′30.98″ W; thence to latitude ° ′ ″ ° ′ ″ (b)(1) of this section are in effect 24 30 23 32.00 N, longitude 86 31 28.80 W; hours a day, 7 days a week. thence proceeding directly to a point (c) Enforcement. (1) The regulations in on the shoreline at latitude 30°23′30.14″ ° ′ ″ this section shall be enforced by the N, longitude 86 31 30.21 W. Commander, 96 Air Base Wing, Eglin (b) The regulations. (1) No person or AFB, Florida and such agencies as he/ vessel shall enter the area without the she may designate. permission of the Commander, U.S. (2) Enforcement of the regulations in Coast Guard, Destin Station, Florida, this section will be accomplished in ac- or his/her authorized representative. cordance with the active security level (2) The area identified in paragraph as defined by the Department of De- (a) of this section and the associated fense Force Protection Condition restrictions described in paragraph (FPCON) System. (b)(1) of this section are in effect 24 hours a day, 7 days a week. [76 FR 75457, Dec. 2, 2011] (c) Enforcement. The regulations in this section shall be enforced by the § 334.760 Naval Support Activity Pan- ama City and Alligator Bayou, a Commander, U.S. Coast Guard, Destin tributary of St. Andrew Bay, Fla.; Station, and such agencies as he/she naval restricted area. may designate. (a) The area. The waters within an [76 FR 75457, Dec. 2, 2011] area beginning at a point located along the shore at the southern end of the fa- § 334.748 Wynnhaven Beach, Fla., at cility designated by latitude 30°09′45.6″ Eglin AFB; restricted area. N., longitude 85°44′20.6″ W.; thence pro- (a) The area. The restricted area shall ceed 100 feet waterward of the mean encompass all navigable waters of the high water line directly to a point at United States, as defined at 33 CFR latitude 30°09′46.8″ N., longitude part 329, within the area bounded by a 85°44′20.6″ W. From this position the line connecting the following coordi- line meanders irregularly, following

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the shoreline at a minimum distance of coordinates (listed by latitude, then 100 feet from the mean high water line longitude): Northwest point—30°11′14″ to a point at latitude 30°10′16.7″ N., lon- N, 085°44′59″ W; Northeast point— gitude 85°45′01.2″ W. located east of the 30°11′13″ N, 085°44′32″ W; Southeast south side of the entrance to Alligator point—30°10′32″ N, 085°44′32″ W; South- Bayou; thence directly across the en- west point—30°10′32″ N, 085°44′59″ W, trance to a point at latitude 30°10′23.4″ then northerly to point of origin. N., longitude 85°45′05.7″ W. located east (3) Area BA–2. The area is bounded by of the north side of the entrance to Al- a line directly connecting the following ligator Bayou; thence continuing the coordinates (listed by latitude, then northerly meandering, following the longitude): Northwest point—30°11′13″ shoreline at a minimum distance of 100 N, 085°44′32″ W; Northeast point— feet from the mean high water line to 30°11′07″ N, 085°44′01″ W; Southeast a point at latitude 30°11′11.3″ N., lon- point—30°10′32″ N, 085°44′00″ W; South- gitude 85°45′02.8″ W.; thence directly to west point—30°10′32″ N, 085°44′32″ W, the shoreline to a point at latitude then northerly to point of origin. 30°11′12.3″ N., longitude 85°45′03.2″ W. (4) Area BA–3. The area is bounded by This encompasses an area reaching a line directly connecting the following from the southern extent described to coordinates (listed by latitude, then the northern extent described and ex- longitude): Northwest point—30°10′32″ tending from the mean high water line N, 085°44′59″ W; Northeast point— waterward a minimum distance of ap- 30°10′32″ N, 085°44′09″ W; Southeast proximately 100 feet. point—30°10′00″ N, 085°44′09″ W; South- (b) The regulations. (1) No vessel, per- west point—30°10′01″ N, 085°44′41″ W, son, or other craft shall enter, transit, then northerly to point of origin. anchor, drift or otherwise navigate (5) Area BA–4. The area is bounded by within the area described in paragraph a line directly connecting the following (a) of this section for any reason with- coordinates (listed by latitude, then out written permission from the Officer longitude): Northwest point—30°10′32″ in Charge, Naval Support Activity Pan- N, 085°44′09″ W; Northeast point— ama City, Panama City Beach, Florida, 30°10′32″ N, 085°42′35″ W; Southeast or his/her authorized representative. point—30°10′00″ N, 085°42′35″ W; South- (2) The restriction noted in para- west point—30°10′00″ N, 085°44′09″ W, graph (b)(1) of this section is in effect then northerly to point of origin. 24 hours a day, 7 days a week. (6) Area BA–5. The area is bounded by (3) The regulations in this section a line directly connecting the following shall be enforced by the Officer in coordinates (listed by latitude, then Charge, Naval Support Activity Pan- longitude): North point—30°08′41″ N, e ama City, Panama City Beach Florida, 085°41′25″ W; East point—30°08′08″ N, and such agencies as he/she may des- 085°40′48″ W; South point—30°07′00″ N, ignate. 085°42′29″ W; West point—30°07′31″ N, [70 FR 67372, Nov. 7, 2005] 085°43′09″ W, then northerly to point of origin. § 334.761 Naval Support Activity Pan- (b) The restrictions. (1) For the pur- ama City; St. Andrews Bay; re- poses of this section, ‘‘military secu- stricted areas. rity zones’’ are specific portion/s with- (a) The areas—(1) Area AP–1. The area in any of the restricted areas identified is bounded by a line connecting the fol- in this section that are defined by the lowing coordinates (listed by latitude, safety vessels accompanying each then longitude): Northwest point— training exercise. The mission of the 30°10′00″ N, 085°44′37″ W; Northeast safety vessels is to maximize safety point—30°10′00″ N, 085°43′17″ W; South- conditions for both military and civil- east point—30°09′51″ N, 085°43′17″ W; ian personnel during exercises con- Southwest point—30°09′50″ N, 085°44′32″ ducted within the restricted area by W; following mean high waterline to intercepting any waterbased activity 30°09′57.5″ N, 085°44′37″ W; then north- occurring within the active military erly to point of origin. security zone/s and offering naviga- (2) Area BA–1. The area is bounded by tional advice to ensure the activity re- a line directly connecting the following mains clear of the exercise.

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(2) All areas identified in this section 085°46′52″ W, then northerly to point of have the potential to be active at any origin. time. The normal/routine activation of (b) The restrictions. (1) For the pur- any area will be noticed to the public poses of this section, ‘‘military secu- via a General Local Notice to Mariners. rity zones’’ are specific portion/s with- Activation of any area for significant in any of the restricted areas identified exercises and training events will be in this section that are defined by the noticed, in advance and during the safety vessels accompanying each event, to the public via Notice to Mari- training exercise. The mission of the ners and Broadcast Notice to Mariners. safety vessels is to maximize safety (3) Area AP–1. All persons, vessels, conditions for both military and civil- and other craft are prohibited from en- ian personnel during exercises con- tering, transiting, anchoring, or drift- ducted within the restricted area by ing within the military security zone/s intercepting any waterbased activity established in the restricted area dur- occurring within the active military ing training events. security zone/s and offering naviga- (4) Areas BA–1 through BA–5. All per- tional advice to ensure the activity re- sons, vessels, and other craft are pro- mains clear of the exercise. hibited from entering, transiting, an- (2) All areas identified in this section choring, or drifting within the military have the potential to be active at any security zone/s established in the re- time. The normal/routine activation of stricted area during training events. any area will be noticed to the public (c) Enforcement. The regulations in via a General Local Notice to Mariners. this section shall be enforced by the Activation of any area for significant Commanding Officer, Naval Support exercises and training events will be Activity, Panama City Florida, and noticed, in advance and during the such agencies as he/she may designate. event, to the public via Notice to Mari- ners and Broadcast Notice to Mariners. [73 FR 52927, Sept. 12, 2008, as amended at 74 (c) Enforcement. The regulations in FR 11481, Mar. 18, 2009] this section shall be enforced by the § 334.762 Naval Support Activity Pan- Commanding Officer, Naval Support ama City; North Bay and West Bay; Activity, Panama City Florida, and restricted areas. such agencies as he/she may designate. (a) The areas—(1) Area NB–1. The area [73 FR 52927, Sept. 12, 2008] is bounded by a line directly connecting the following coordinates (list- § 334.763 Naval Support Activity Pan- ed by latitude, then longitude): North- ama City; Gulf of Mexico; restricted west point—30°12′16″ N, 085°44′14″ W; area. Northeast point—30°12′16″ N, 085°43′01″ (a) The area. The area is bounded by W; Southeast point—30°11′16″ N, a line directly connecting the following 085°44′14″ W; Southwest point—30°11′17″ coordinates (listed by latitude, then N, 085°44′49″ W, then northerly to point longitude): North point—30°10′29″ N, of origin. 085°48′20″ W; East point—30°07′58″ N, (2) Area NB–2. The area is bounded by 085°44′44″ W; South point—30°05′24″ N, a line directly connecting the following 085°47′29″ W; West point—30°07′55″ N, coordinates (listed by latitude, then 085°51′05″ W, then northerly to point of longitude): Northwest point—30°14′00″ origin. N, 085°44′14″ W; Northeast point— (b) The restrictions. (1) For the pur- 30°14′00″ N, 085°41′51″ W; Southeast poses of this section, ‘‘military secu- point—30°12′16″ N, 085°43′01″ W; South- rity zones’’ are specific portion/s with- west point—30°12′16″ N, 085°44′14″ W, in any of the restricted areas identified then northerly to point of origin. in this section that are defined by the (3) Area NB–3. The area is bounded by safety vessels accompanying each a line directly connecting the following training exercise. The mission of the coordinates (listed by latitude, then safety vessels is to maximize safety longitude): North point—30°17′02″ N, conditions for both military and civil- 085°45′34″ W; East point—30°14′56″ N, ian personnel during exercises con- 085°43′45″ W; South point—30°14′01″ N, ducted within the restricted area by 085°44′59″ W; West point—30°16′10″ N, intercepting any waterbased activity

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occurring within the active military (ii) Announcement 60 minutes prior security zone/s and offering naviga- to drone launch. tional advice to ensure the activity re- (iii) Announcement of drone launch mains clear of the exercise. or drone cancelled, and the expected (2) All areas identified in this section time of the drone launch. Upon receipt have the potential to be active at any of the drone warning on either Channel time. The normal/routine activation of 16 (156.80 MHz) or Channel 13 (27.115 any area will be noticed to the public MHz), vessels will take the necessary via a General Local Notice to Mariners. action to vacate the drone launch cor- Activation of any area for significant ridor not later than 60 minutes prior to exercises and training events will be expected drone launch. noticed, in advance and during the (3) Vessels are authorized direct event, to the public via Notice to Mari- movement without stopping through ners and Broadcast Notice to Mariners. this area at any time unless warned by (c) Enforcement. The regulations in helicopter or patrol boat. this section shall be enforced by the (4) The area will be patrolled by heli- Commanding Officer, Naval Support copter/vessels during periods of haz- Activity, Panama City Florida, and ardous military activity. Verbal warn- such agencies as he/she may designate. ings or instructions issued by these [73 FR 52928, Sept. 12, 2008] craft will be strictly adhered to. (5) The regulations in this section § 334.770 Gulf of Mexico and St. An- shall be enforced by the Commanding drew Sound, south of East Bay, Fla., Officer, Tyndall Air Force Base, Flor- Tyndall Drone Launch Corridor, ida, and such agencies as he may des- Tyndall Air Force Base, Fla.; re- ignate. stricted area. (a) The area. The waters of the Gulf (Sec. 7, 40 Stat. 266; 33 U.S.C. 1) of Mexico and St. Andrew Sound within [40 FR 8949, Mar. 4, 1975; 40 FR 10988, Mar. 10, an area described as follows, including 1975. Redesignated at 50 FR 42696, Oct. 22, Crooked Island: Beginning at a point 1985] on shore at latitude 30°01′30″, longitude 85°32′30″, thence to latitude 30°00′58″, § 334.775 Naval Air Station Pensacola, longitude 85°33′38″, thence to latitude Pensacola Bay, Pensacola and Gulf 29°56′38″, longitude 85°33′38″, thence to Breeze, Fla.; naval restricted area. latitude 29°55′15″, longitude 85°31′21″, (a) The areas. (1) Bounded by a line thence to a point on shore at latitude drawn in the direction of 180° T from 30°00′58″, longitude 85°31′21″, thence the position latitude 30°20′44″ N., lon- northwest to the point of beginning. gitude 87°17′18″ W. (near the Naval Air This area will be referred to as the Station, due south of the Officer′s ‘‘Tyndall Drone Launch Corridor.’’ Club) to position latitude 30°20′09″ N., (b) The regulations. (1) Military usage longitude 87°17′18″ W. thence 94° T to of areas is Monday through Friday be- position latitude 30°20′07″ N., longitude tween the hours of 7 a.m. and 5 p.m. 87°16′41″ W., thence 49° T to position (2) Vessels are allowed to enter and latitude 30°20′37″ N., longitude 87°16′01″ remain in this area provided they have W. (southwest end of Lexington finger operational communication equipment pier), thence along the shoreline to capable of monitoring VHF Marine fre- point of origin. quency Channel 16, (156.80 MHz). In the (2) The waters within an area en- event the Marine radio equipment is closed by the following points: Begin- not installed on the vessel, CB equip- ning at latitude 30°21.58′ N., longitude ment with Channel 13 (27.115 MHz) will 87°12.49′ W.; thence to latitude 30°20.25′ be used as an alternate means of com- N., longitude 87°11.00′ W.; thence to munications. Warnings will be broad- latitude 30°20.28′ N., longitude 87°14.27′ cast by the Air Force on Channel 16 W.; thence to the point of beginning. (156.80 MHz) and Channel 13 (27.115 This encompasses a large triangular MHz) using the following sequence: area north of Santa Rosa Island and (i) Announcement 90 minutes prior to west of the land area between Fair drone launch. Point and Deer Point.

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(b) The restrictions. (1) The area de- northeasterly, paralleling the shoreline scribed in paragraph (a)(1) of this sec- at a minimum distance of 500 feet off- tion will normally be in use Monday shore, to Point 3, Latitude 30°19′48″ N., through Wednesday between 8 a.m. and Longitude 87°19′35″ W.; thence, main- 4 p.m. and one evening from 4 p.m. taining a minimum distance of 500 feet until 8 p.m., every other week. offshore or along the northerly edge of (2) The area described in paragraph the Gulf Intracoastal Waterway Chan- (a)(2) of this section will normally be nel (whichever is less), continue to utilized Wednesday through Friday be- Point 4, Latitude 30°20′00″ N., Lon- tween 8 a.m. and 4 p.m. for parasail op- gitude 87°19′03″ W.; thence, maintaining erations. a minimum distance of 500 feet offshore (3) During those times that specific for the remainder of the area to: PT 5, missions, exercises, or training oper- Latitude 30°20′31″ N., Longitude 87°16′01″ ations are being conducted, the U.S. W; Thence to PT 6, Latitude 30°21′11″ Navy vessels and/or crafts designated N., Longitude 87°15′29″ W; Thence to PT as essential to the operation(s) by 7, Latitude 30°22′26″ N., Longitude proper U.S. Navy authority shall have 87°15′43″ W; Thence to PT 8, Latitude the rights-of-way. All other vessels and 30°22′39″ N., Longitude 87°16′08″ W; crafts are required to keep clear of and Thence to PT 9, Latitude 30°22′17″ N., remain 300 yards from all naval vessels Longitude 87°16′09″ W; Thence to PT 10, engaged in said operations. Approach- Latitude 30°22′18″ N., Longitude 87°16′35″ ing within 300 yards of vessels and/or W; Thence to PT 11, Latitude 30°22′09″ crafts while they are engaged in oper- N., Longitude 87°17′10″ W; Thence to PT ations and/or training exercises is pro- 12, Latitude 30°22′15″ N., Longitude hibited. 87°17′19″ W; Thence to PT 13, Latitude (4) Vessel traffic through the re- 30°22′07″ N., Longitude 87°17′48″ W; stricted area will remain open during Thence to PT 14, Latitude 30°22′25″ N., operations and/or exercises; however, Longitude 87°17′53″ W; Thence to PT 15, mariners shall exercise extreme cau- Latitude 30°22′13″ N., Longitude 87°18′54″ tion and be on the lookout for swim- W; Thence to PT 16, Latitude 30°21′57″ mers, small craft and helicopters when N., Longitude 87°19′22″ W; Thence to PT transiting the area. It should be pre- 17, Latitude 30°21′57″ N., Longitude sumed by all mariners that Navy oper- 87°19′37″ W; Thence to PT 18, Latitude ations and/or exercises are being con- 30°21′49″ N., Longitude 87°19′49″ W; (a ducted whenever military craft and/or point on the southerly shoreline of helicopters are operating within the re- Bayou Grande). stricted area. (b) The regulations. (1) All persons, (5) Any problems encountered regard- vessels, and other craft are prohibited ing Navy operations/exercises within from entering the waters described in the restricted area should be addressed paragraph (a) of this section for any to ‘‘Navy Pensacola Command’’ on reason. All vessels and craft, including Channel 16 (156.6 MHz) for resolution pleasure vessels and craft (sailing, mo- and/or clarification. torized, and/or rowed or self-propelled), (6) The regulations in this section private and commercial fishing vessels, shall be enforced by the Commander of other commercial vessels, barges, and the Naval Air Station, Pensacola, Flor- all other vessels and craft, except ves- ida, and such agencies as he/she may sels owned or operated by the United designate. States and/or a Federal, State, or local [70 FR 67372, Nov. 7, 2005] law enforcement agency are restricted from transiting, anchoring, or drifting § 334.778 Pensacola Bay and waters within the above described area, or contiguous to the Naval Air Station, within 500 feet of any quay, pier, wharf, Pensacola, FL; restricted area. or levee along the Naval Air Station (a) The area: Beginning at a point on Pensacola shoreline abutting, nor may the northerly shoreline of Grande (Big such vessels or crafts or persons ap- Lagoon at Point 1, Latitude 30°19′42″ N., proach within 500 feet of any United Longitude 87°21′06″ W., proceed south- States owned or operated vessel easterly to Point 2, Latitude 30°19′27″ transiting, anchored, or moored within N., Longitude 87°21′03″ W.; thence, the waters described in paragraph (a) of

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this section. The Commanding Officer, rowed or self-propelled), private and Naval Air Station Pensacola, or his/her commercial fishing vessels, other com- designee, or the Commanding Officer of mercial vessels, barges, and all other a vessel of the United States operating vessels and craft, except vessels owned within the said area, may grant special or operated by the United States and/or permission to a person, vessel, or craft a Federal, State, or local law enforce- to enter upon the waters subject to the ment agency are restricted from enter- restrictions aforementioned. ing, transiting, anchoring, drifting or (2) The existing ‘‘Navy Channel’’ ad- otherwise navigating within the area jacent to the north shore of Magazine described in paragraph (a) of this sec- Point, by which vessels enter and tion. egress Bayous Davenport and Grande (3) The regulations in this section into Pensacola Bay shall remain open shall be enforced by the Commanding to all craft except in those extraor- Officer, Naval Air Station Pensacola dinary circumstances where the Com- and/or such persons or agencies he/she manding Officer, N.A.S. or his/her des- may designate. ignee determines that risk to the in- stallation, its personnel, or property is [13 FR 9561, Dec. 31, 1948, as amended at 25 so great and so imminent that closing FR 2666, Mar. 30, 1960; 28 FR 349, Jan. 12, 1963. the channel to all but designated mili- Redesignated at 50 FR 42696, Oct. 22, 1985, as tary craft is required for security rea- amended at 62 FR 17555, Apr. 10, 1997; 70 FR 67372, Nov. 7, 2005] sons, or as directed by higher authority. This section will not preclude the § 334.782 SUPSHIP Bath Maine De- closure of the channel as part of a secu- tachment Mobile at AUSTAL, USA, rity exercise; however, such closures of Mobile, AL; restricted area. said channel will be limited in duration and scope to the maximum extent so as (a) The area. The restricted area not to interfere with the ability of pri- would encompass all navigable waters vate vessels to use the channel for of the United States, as defined at 33 navigation in public waters adjacent CFR part 329, contiguous to the area thereto not otherwise limited by this identified as AUSTAL, USA and the regulation. mean high water level within a rectan- (3) The regulations in this section gular shaped area on the east side of shall be enforced by the Commanding the Mobile River beginning at latitude ° ′ ″ ° ′ ″ Officer of the Naval Air Station, Pensa- 30 41 36.46 , longitude—88 2 2.70 ; thence ° ′ ″ cola, Florida, and such agencies he/she westerly to latitude 30 41 35.85 , lon- ° ″ ″ may designate. gitude—88 2 ; 5.12 ; thence southerly to latitude 30°41′26.67″, longitude— [53 FR 27682, July 22, 1988, as amended at 62 88°2′3.62″; thence easterly to latitude FR 17555, Apr. 10, 1997; 70 FR 67372, Nov. 7, 30°41′26.98″, longitude—88°2′1.81″ ; thence 2005] northerly along the easterly shoreline § 334.780 Pensacola Bay, Fla.; seaplane to the point of origin. restricted area. (b) The regulations. (1) All persons, (a) The area. Beginning at latitude swimmers, vessels and other craft, ex- 30°22′28″, longitude 87°16′00″; thence to cept those vessels under the super- latitude 30°21′02″, longitude 87°14′20″; vision or contract to local military or thence to latitude 30°20′02″, longitude Naval authority, vessels of the United 87°15′16″; thence to latitude 30°20′11″; States Coast Guard, and local or state longitude 87°17′58″; and thence to 272° law enforcement vessels, are prohibited true to the shore. from entering the restricted area with- (b) The regulations. (1) The area is es- out permission from the Supervisor of tablished as a Naval Air Station small Shipbuilding, Conversion and Repair, boat operations and training area. USN, Bath, Maine or his/her authorized (2) All persons, vessels, and other representative. craft are prohibited from entering the (2) The restricted area is in effect waters described in paragraph (a) of twenty four hours per day and seven this section for any reason. All vessels days a week (24/7). and craft, including pleasure vessels (3) Should warranted access into the and craft (sailing, motorized, and/or restricted navigation area be needed,

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all entities are to contact the Super- stream from, Pier 10 to a line drawn visor of Shipbuilding, Conversion and parallel to, and 100 feet downstream Repair, USN, Bath, Maine, or his/her from Pier 10. authorized representative on Marine (b) The regulations. (1) No person, ves- Communication Channel 16. sel or other craft, except personnel and (c) Enforcement. The regulation in vessels of the U.S. Government or this section shall be enforced by the those duly authorized by the Com- Supervisor of Shipbuilding, Conversion manding Officer, Naval and Marine and Repair, USN, Bath, Maine, and/or Corps Reserve Center, Orange, Texas, such agencies or persons as he/she may shall enter, navigate, anchor or moor designate. in the restricted area. (2) The regulations of this section [74 FR 48152, Sept. 22, 2009] shall be enforced by the Commanding § 334.783 Arlington Channel, U.S. Officer, Naval and Marine Corps Re- Coast Guard Base Mobile, Mobile, serve Center, Orange, Texas, and such Alabama, Coast Guard restricted agencies as he may designate. area. [44 FR 42968, July 23, 1979. Redesignated at 50 (a) The area. The waters of Arlington FR 42696, Oct. 22, 1985, as amended at 62 FR Channel west of a line from latitude 17556, Apr. 10, 1997] 30°–39′—09′′N, longitude 088°–03′–24′′ W to latitude 30°–38′–54°° N., longitude 088′– § 334.800 Corpus Christi Bay, Tex.; sea- 03°–17′′ W. plane restricted area, U.S. Naval Air (b) The regulations. The restricted Station, Corpus Christi. area is open to U.S. Government ves- (a) The area. The waters of Corpus sels and transiting vessels only. U.S. Christi Bay within the area described Government vessels include U.S. Coast as follows: Beginning at a point on the Guard vessels, Department of Defense south shore of Corpus Christi Bay at vessels, state and local law enforce- the ‘‘North Gate’’ of the U.S. Naval Air ment and emergency services vessels Station at longitude 97°17′15.0″ W.; and vessels under contract with the thence through points at: U.S. Government. Vessels transiting North latitude West longitude the restricted area shall proceed across the area by the most direct route and 27°42′34.9″ 97°17′09.6″ without unnecessary delay. Fishing, 27°41′46.8″ 97°14′23.8″ 27°41′15.1″ 97°14′35.4″ trawling, net-fishing and other aquatic 27°41′27.0″ 97°15′16.7″ activities are prohibited in the re- 27°40′41.6″ 97°15′33.3″ stricted area without prior approval from the Commanding Officer, U.S. thence to a point on shore at latitude Coast Guard Group Mobile or his des- 27°40′44.9″ N.; thence along the shore to ignated representative. the point of beginning. (c) Enforcement. The regulations in (b) The regulations. (1) No person, ves- this section shall be enforced by the sel or watercraft shall enter or remain Commanding Officer, U.S. Coast Guard in the area at any time, day or night, Group Mobile or his designated rep- except with express written approval of resentative. the enforcing agency or as a result of force majeure. [69 FR 45259, July 29, 2004] (2) The regulations in this section § 334.790 Sabine River at Orange, Tex.; shall be enforced by the Chief of Naval restricted area in vicinity of the Air Training, U.S. Naval Air Station, Naval and Marine Corps Reserve Corpus Christi, Tex., and such agencies Center. as he may designate. (a) The area. The berthing area of the [43 FR 30054, July 13, 1978. Redesignated at 50 Naval and Marine Corps Reserve Center FR 42696, Oct. 22, 1985, as amended at 62 FR and the waters adjacent thereto from 17556, Apr. 10, 1997] the mean high tide shoreline to a line drawn parallel to, and 100 feet § 334.802 Ingleside Naval Station, channelward from lines connecting the Ingleside, Texas; restricted area. pier head of Pier 10 and from a line (a) The area. The waters of Corpus drawn parallel to, and 200 feet up- Christi Bay beginning at a point at

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latitude 27°49′15.0″ N, longitude on the south side of the river beginning 97°12′6.0″ W, thence southerly to lati- on shore at the eastern property line of tude 27°49′7.3″ N, longitude 97°12′5.4″ W, Marinette Marine Corporation at lati- thence south-southwesterly to latitude tude 45°5′58.7″ N, longitude 087°36′55.9″ 27°49′01″ N, longitude 97°12′39.4″ W, W; thence northerly to latitude thence west-northwesterly to latitude 45°5′59.2″ N, longitude 087°36′55.8″ W; 27°49′02.4″ N, longitude 97°12′48.3″ W, thence westerly to latitude 45°5′59.6″ N, thence north-northeasterly to latitude longitude 087°36′57.5″ W; thence west- 27°49′16.5″ N, longitude 97°12′41.5″, erly to latitude 45°6′00.0″ N, longitude thence easterly to latitude 27°49′17.0″ N, 087°36′58.7″ W; thence westerly to lati- longitude 97°12′27.5″ W, thence easterly tude 45°6′1.7″ N, longitude 087°37′4.9″ W; along the shoreline to the point of be- thence westerly to latitude 45°6′2.8″ N, ginning. longitude 087°37′9.8″ W; thence south- (b) The regulations. Mooring, anchor- erly to latitude 45°6′2.2″ N, longitude ing, fishing, recreational boating or 087°37′10.0″ W; thence easterly along the any activity involving persons in the Marinette Marine Corporation pier to water shall not be allowed within the the point of origin. The restricted area restricted area. Commercial vessels at will be marked by a lighted and signed anchor will be permitted to swing into floating buoy line. the restricted area while at anchor and (b) The regulation. All persons, swim- during tide changes. mers, vessels and other craft, except (c) Enforcement. The regulations in those vessels under the supervision or this section shall be enforced by the contract to a local military or Naval Commanding Officer, Naval Station, authority, vessels of the United States Ingleside and such agencies as he/she Coast Guard, and local or state law en- shall designate. forcement vessels, are prohibited from entering the restricted area when [57 FR 46303, Oct. 8, 1992; 58 FR 6718, Feb. 2, marked by a signed floating buoy line 1993, as amended at 62 FR 17556, Apr. 10, 1997] without permission from the Super- § 334.810 Holston River at Holston visor of Shipbuilding, Conversion and Ordnance Works, Kingsport, Tenn.; Repair, United States Navy, Bath, restricted area. Maine or his/her authorized representa- (a) The area. That portion of Holston tive. River within the boundaries of the (c) Enforcement. The regulation in Government reservation. this section shall be enforced by the (b) The regulations. (1) Except in cases Supervisor of Shipbuilding, Conversion of extreme emergency, all vessels other and Repair, United States Navy, Bath, than those owned or controlled by the Maine and/or such agencies or persons U.S. Government and any activity in- as he/she may designate. volving persons in the water, are pro- [77 FR 20296, Apr. 4, 2012] hibited from entering the area without prior permission of the enforcing agen- § 334.820 Lake Michigan; naval re- cy. stricted area, U.S. Naval Training (2) The regulations in this section Center, Great Lakes, Ill. shall be enforced by the Commanding (a) The area. An area extending in a Officer of the Holston Ordnance Works, north and south direction from the Kingsport, Tennessee, and such agen- Great Lakes, Illinois, south breakwater cies as he may designate. to an east-west line projecting eastward from the shore termination of the [20 FR 7075, Sept. 30, 1955. Redesignated at 50 FR 42696, Oct. 22, 1985, as amended at 62 FR north fence of the U.S. Naval Training 17556, Apr. 10, 1997] Center, Great Lakes, Illinois, and extending into Lake Michigan for a dis- § 334.815 Menominee River, at the tance of one mile from the shoreline. Marinette Marine Corporation (b) The regulations. No person or ves- Shipyard, Marinette, Wisconsin; sel of any kind, except those engaged naval restricted area. in naval operations, shall enter, navi- (a) The area. The waters adjacent to gate, anchor, or moor in the restricted Marinette Marine Corporation’s pier area without first obtaining permission defined by a rectangular shaped area to do so from the Commander, U.S.

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Naval Training Center, Great Lakes, Il- § 334.840 Waters of Lake Michigan linois, or his authorized representative. south of Northerly Island at entrance to Burnham Park Yacht Har- [28 FR 319, Jan. 11, 1963. Redesignated at 50 bor, Chicago, Ill.; danger zone adja- FR 42696, Oct. 22, 1985, as amended at 62 FR cent to airport on Northerly Island. 17556, Apr. 10, 1997] (a) Danger zone—(1) Zone A. Begin- § 334.830 Lake Michigan; small-arms ning at a point 250 feet west of the cen- range adjacent to U.S. Naval Train- ter line of the runway at the south end ing Center, Great Lakes, Ill. of the air strip on Northerly Island; (a) The danger zone. An area bounded thence 183°, 500 feet; thence 90°, 600 on the north by latitude 42°20′30″; on feet; and thence northerly to a point the east by longitude 87°47′30″; on the 250 feet east of the center line of the south by latitude 42°18′45″; and on the runway at the south end of said air west by the shoreline. strip. During the navigation season, (b) The regulations. (1) When firing af- the southeast and southwest corners of fecting the danger zone is in progress, Zone A will be marked with spar buoys the enforcing agency will post guards colored and lettered as prescribed by at such locations that the waters in the the U.S. Coast Guard. danger zone may be observed and ar- (2) Zone B. Beginning at the south- range signals whereby these guards west corner of Zone A; thence 183°, 500 may stop the firing should any person feet; thence 90°, 700 feet; thence north- or vessel be seen in the waters of the erly to the southeast corner of Zone A; danger zone. When firing is in progress, and thence 270° to the point of begin- the enforcing agency will cause red ning. During the navigation season, the flags to be displayed on shore near the southeast and southwest corners of rifle butts, which may be readily dis- Zone B will be marked with spar buoys cernible to a person in a vessel within colored and lettered as prescribed by the danger zone. the U.S. Coast Guard. (2) The enforcing agency is hereby (b) Regulations. (1) During daylight authorized to use such agencies as hours (from one-half hour before sun- shall be necessary to prohibit all per- rise to one-half hour after sunset), and sons and vessels from entering the area when the airport on Northerly Island is until such time as shall be convenient. in operation, no vessel or other (3) If such flags are displayed it will watercraft any part of which extends indicate that firing is in progress, and more than 15 feet above the water sur- that the waters in the danger zone are face shall enter or remain in Zone A, subject to impact by rounds missing or and no vessel or other watercraft any ricocheting off the impact berm and part of which extends 30 feet or more should not be entered until the flags above the water surface shall enter or are lowered. remain in Zone B. (4) Wherever possible, the enforcing (2) When the airport is in operation a agency will warn the public of the con- red ball, at least three feet in diameter, templated times of firing and the areas shall be continuously displayed at the involved two days in advance of the northeast and northwest corners of scheduled date, through the public Zone A. These balls shall not be dis- press and the U.S. Coast Guard. The played when the airport is not in oper- danger zone may, however, be closed ation. without advance notice. (5) [Reserved] [12 FR 6665, Oct. 9, 1947. Redesignated at 14 FR 4904, Aug. 9, 1949, and amended at 15 FR (6) The regulations in this section 5022, Aug. 4, 1950; 36 FR 5911, Mar. 31, 1971. shall be enforced by the Commander, Redesignated at 50 FR 42696, Oct. 22, 1985] U.S. Naval Training Center, Great Lakes, Illinois, and such agencies as he § 334.845 Wisconsin Air National may designate. Guard, Volk Field military exercise area located in Lake Michigan off- [13 FR 9560, Dec. 31, 1948. Redesignated at 14 shore from Manitowoc and She- FR 4904, Aug. 9, 1949, and amended at 28 FR boygan Counties; danger zone. 319, Jan. 11, 1963; 45 FR 13072, Feb. 28, 1980. Redesignated at 50 FR 42696, Oct. 22, 1985, as (a) The area. (1) The waters within an amended at 62 FR 17556, Apr. 10, 1997] area beginning at a point at latitude

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43°19′00″ N., longitude 87°41′00″ W.; to thence to latitude 41°35′40″ N., lon- latitude 44°05′30″ N., longitude 87°29′45″ gitude 82°54′50″ W.; and thence to the W.; to latitude 44°02′00″ N., longitude point of beginning. 87°02′30″ W.; to latitude 43°15′30″ N., lon- (b) Types of firing—(1) Danger Area I. gitude 87°14′00″ W.; thence to the point Small arms impact area. of beginning, as shown on NOAA Chart (2) Danger Area II. Ground-based ar- 14901 (1999) and existing aeronautical tillery, antiaircraft artillery and auto- charts. matic weapons impact area. (b) The regulation. (1) During specific, (c) Authorized dates and hours of fir- infrequent periods when Military exer- ing: cises will be conducted, as promulgated (1) Danger Area I. 6 a.m. to 6 p.m., in the Local Notice to mariners pub- e.s.t./e.d.t., daily; actual firing dates lished by the United States Coast and hours within the authorized period Guard (USCG), all vessels entering the to be announced in advance in special danger zone are advised to proceed firing notices. across the area by the most direct (2) Danger Area II. 8 a.m. to 5 p.m., route and without unnecessary delay. e.s.t./e.d.t., daily except on Saturdays, (2) During specific, infrequent periods Sundays, and holidays; actual firing when Military exercises will be con- dates and hours scheduled within au- ducted, as promulgated in the Local thorized period to be announced in ad- Notice to mariners published by the vance in special firing notices. USCG, no vessel or craft of any size (d) Restrictions. (1) No person or vessel shall lie-to or anchor in the danger shall enter or remain in a danger zone zone, other than a vessel operated by during a scheduled firing period an- or for the USCG, or any other author- nounced in a special firing notice un- ized agency. less specific permission is granted in (c) Normal use. At all other times, each instance by a representative of nothing in this regulation shall pro- the enforcing officer. hibit any lawful uses of this area. (2) The danger areas within the dan- (d) Enforcement. The regulation in ger zone shall be open to the public for this section shall be enforced by the navigation, fishing and other public Commanding Officer, VOLK Field, WI, use when firing and/or bombing is not and/or persons or agencies as he/she scheduled. may designate. (e) Enforcing agencies. The regula- [69 FR 45591, July 30, 2004] tions in this section shall be enforced for the respective danger areas by the § 334.850 Lake Erie, west end, north of following commanders and such agen- Erie Ordnance Depot, Lacarne, cies as each may designate for his as- Ohio. signed areas. He will be responsible for (a) The danger zone: Consists of the proving the prescribed control, signals, waters of Lake Erie within: and special firing notices. (1) Danger Area I. The sector of a cir- (1) Danger Area I. Adjutant General, cle with a radius of 6,500 yards centered State of Ohio. at latitude 41°32′30″ N., longitude (2) Danger Area II. Adjutant General, 33°01′00″ W., and intersecting the south- State of Ohio. west boundary of Area II at latitude (f) Control and signals—(1) Danger 41°35′00″ N., longitude 83°03′22″ W., and Area I. When firing into Area I, red the southeast boundary of Area II at flags will be flown from the safety latitude 41°34′20″ N., longitude 82°57′10″ tower at Camp Perry, and from flag W. poles in the butts of the ranges being (2) Danger Area II (Includes Area I). used. The area bounded as follows: Beginning (2) Danger Area II. During all types of at latitude 41°32′30″ N., longitude firing into Area II, red flags will be dis- 83°01′00″ W.; thence to latitude 41°35′00″ played, one from the safety tower at N., longitude 83°03′22″ W.; thence to Camp Perry and one from the safety latitude 41°36′00″ N., longitude 83°03′24″ tower at the Erie Proof Front. During W.; thence to latitude 41°41′30″ N., lon- firing into Area II, patrol boats will po- gitude 83°07′30″ W.; thence to latitude lice and maintain surveillance of the 41°41′30″ N., longitude 83°00′00″ W.; area, and will be in constant radio

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communication with the shore station whether further limitations of the dan- controlling the firing. ger zone shall be considered. (3) [Reserved] [35 FR 17178, Nov. 7, 1970, as amended at 37 (4) The appropriate enforcing officer FR 20026, Sept. 23, 1972. Redesignated at 50 has authority to suspend any scheduled FR 42696, Oct. 22, 1985, as amended at 62 FR firing for reasonable periods during re- 17556, Apr. 10, 1997] gattas and immediately after fishing nets are destroyed or dislocated by se- § 334.855 Salt River, Rolling Fork vere storms. River, Otter Creek; U.S. Army Gar- rison, Fort Knox Military Reserva- (5) The special firing notices which tion; Fort Knox, Kentucky; danger will include schedules of use will be zone. published by the enforcing officer indi- (a) The area. Salt River from Point A cated in paragraph (e) of this section, (latitude 37°59′31.72″ N; longitude in sufficient time to permit cir- 85°55′32.98″ W) located approximately cularization to interested parties and 1.2 miles southeast of West Point, Ken- posting on the bulletin boards of post tucky; southward to its confluence offices in surrounding localities. Spe- with the Rolling Fork River. Salt cial notices will also be furnished the River from Point B (latitude 37°57′51.32″ District Engineer, Corps of Engineers, N; longitude 85°45′37.14″ W) located ap- Detroit, Mich.; the Commander, Ninth proximately 2.8 miles southwest of Coast Guard District, Cleveland, Ohio; Shepherdsville, Kentucky; southward the Regional Manager, Federal Avia- to its confluence with the Rolling Fork tion Administration, Chicago, Ill.; and River. Rolling Fork River from Point C each of the enforcing agencies listed in (latitude 37°49′59.27″ N; longitude paragraph (e) of this section. Users of 85°45′37.74″ W) located approximately the waterway shall familiarize them- 1.6 miles southwest of Lebanon Junc- selves with the current special firing tion, Kentucky northward to its con- notices. If in doubt, inquiry should be fluence with the Salt River. Otter made to the enforcing officer indicated Creek from Point D (latitude in paragraph (e) of this section. 37°51′31.77″ N; longitude 86°00′03.79″ W) (6) Agencies desiring to use the areas located approximately 3.4 miles north shall present their requirements to the of Vine Grove, Kentucky to Point E ° ′ ″ respective enforcing officer who is re- (latitude 37 55 21.95 N; longitude ° ′ ″ sponsible for, and is granted authority 86 01 47.38 W) located approximately to, coordinate the firing and estab- 2.3 miles southwest of Muldraugh. lished priorities, for the using agencies. (b) The regulation. All persons, swimmers, vessels and other craft, except (g) Fishing permits. Fishermen desir- those vessels under the supervision or ing to set fixed nets within the danger contract to local military or Army au- zone are required in every instance to thority, vessels of the United States have written permits. Permits for plac- Coast Guard, and federal, local or state ing nets within Areas I and II may be law enforcement vessels, are prohibited obtained by written application to the from entering the danger zones without Adjutant General, State of Ohio. Appli- permission from the Commanding Gen- cants for permits must state the loca- eral, U.S. Army Garrison, Fort Knox tion at which they desire to set fixed Military Reservation, Fort Knox, Ken- nets and the period of time which they tucky or his/her authorized representa- desire the permit to cover. tive. (h) Injurious chemicals. No phosphorus (c) Enforcement. The regulation in or other poisonous chemicals injurious this section, promulgated by the to wild fowl or fish will be discharged United States Army Corps of Engi- into the waters of the areas. neers, shall be enforced by the Com- (i) The regulations in this section manding General, U.S. Army Garrison, shall be reviewed annually by the De- Fort Knox Military Reservation, Fort partment of the Army to determine Knox, Kentucky and/or other persons or agencies as he/she may designate. [70 FR 15228, Mar. 25, 2005]

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§ 334.860 San Diego Bay, Calif., Naval to 32°42′57.0″ N, 117°11′22.5″ W; thence Amphibious Base; restricted area. running easterly to 32°42′56.0″ N, ° ′ ″ (a) The Area. The water of the Pacific 117 11 19.0 W; thence running south- ° ′ ″ ° ′ ″ Ocean in Middle San Diego Bay in an easterly to 32 42 49.0 N, 117 11 08.5 W; area extending from the northern and thence running southeasterly to ° ′ ″ ° ′ ″ eastern boundary of the Naval Amphib- 32 42 44.5 N, 117 11 06.5 W; thence run- ° ′ ″ ious Base about 0.1 nautical miles and ning southerly to 32 42 40.0 N, ° ′ ″ 0.6 nautical miles from the southern 117 11 06.5 W. shoreline and basically outlined as fol- (b) The regulation. (1) The restricted lows: area shall not be open to swimming, fishing, water-skiing, mooring or an- Station Latitude Longitude chorage. (2) Dragging, seining, other fishing 1 32°40′33.0″ N 117°10′02.4″ W 2 32°40′34.7″ N 117°09′54.0″ W operations, and other activities not 3 32°40′46.0″ N 117°09′44.2″ W under the direction of the United 4 32°41′00.0″ N 117°09′24.6″ W States, which might foul underwater 5 32°40′20.0″ N 117°08′36.7″ W 6 32°40′00.0″ N 117°09′00.0″ W installations within the restricted 7 32°39′18.0″ N 117°08′45.0″ W area, are prohibited. 8 32°39′16.0″ N 117°08′48.5″ W (3) All tows entering the restricted area shall be streamed and shortened (b) The regulations. (1) Swimming, to the seaward of the area and towing fishing, waterskiing, mooring or an- appendages and catenaries shall not be choring shall not be allowed within the dragged along the bottom while pro- restricted area. ceeding through the area. (2) A portion of the restricted area (4) All vessels entering the restricted extending 120 feet from pierheads and area shall proceed across the area by from the low water mark on shore the most direct route and without un- where piers do not exist is closed to all necessary delay. persons and vessels except those owned (5) No vessel or craft of any size shall by, under hire to, or performing work lie-to or anchor in the restricted area for, the Naval Amphibious Base. at any time other than a vessel oper- (3) All vessels entering the restricted ated by or for components, or other area shall proceed across the area by vessels authorized by Commander, the most direct route and without un- Navy Region Southwest, or his/her des- necessary delay. For vessels under sail, ignee. necessary tacking shall constitute a di- (6) When security conditions dictate, rect route. Naval security forces may impose (4) The regulations in this section strict enforcement of stand-off dis- shall be enforced by the Commanding tances within the restricted area. This Officer, Naval Amphibious Base, Coro- enforcement will not prevent utiliza- nado, California, and such agencies as tion of navigable channels, but will he/she shall designate. Organized ac- serve to control its use in order to pro- tivities (such as sail races and regat- tect vital National interests. tas) within the restricted area may be (c) Enforcement. The regulation in allowed providing that a request has this section, promulgated by the been made to the Commanding Officer, United States Army Corps of Engi- Naval Amphibious Base, Coronado, San neers, shall be enforced by the Com- Diego, California 92155 or by calling, mander, Navy Region Southwest, and telephone number (619) 522–4833 at least such agencies or persons as he/she may 10 days prior to the event. designate. [49 FR 49453, Dec. 20, 1984. Redesignated at 50 [68 FR 37972, June 26, 2003] FR 42696, Oct. 22, 1985] § 334.866 Pacific Ocean at Naval Base § 334.865 Naval Air Station North Is- Coronado, in the City of Coronado, land, San Diego, California, re- San Diego County, California; naval stricted area. danger zone. (a) The area. The waters within an (a) The area. A fan-shaped area ex- area beginning at 32°42′55.0″ N, tending westerly into the waters of the 117°11′30.5″ W; thence running easterly Pacific Ocean from a point on the

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beach of Naval Base Coronado, Coro- (5) The danger zone is not considered nado, California beginning at latitude safe for vessels or individuals when live 32°41′13″ N, longitude 117°12′45″ W; firing is in progress. When live firing is thence easterly, along the mean high about to begin or is scheduled as indi- water mark, to latitude 32°41′14″ N, lon- cated by the warning flags or flashing gitude 117°12′32″ W; thence southerly to warning lights described in paragraphs latitude 32°40′31″ N, longitude 117°12′12″ (b)(3) and (b)(4) of this section, all ves- W; thence westerly to latitude 32°40′25″ sels will be required to expeditiously N, longitude 117°12′43″ W; thence north- vacate the danger zone. erly, landward, to the point of origin. (6) Anchoring by any vessel within (b) The regulations. (1) Range live fir- the danger zone is prohibited. ing on the Naval Base Coronado, Coro- (7) Prior to conducting live firing, nado, California small arms range may Navy personnel will visually scan the danger zone to ensure that no vessels occur at any time. Information on live or individuals are located within it. firing schedules and coordination for Any vessels or individuals in the dan- community concerns can be obtained ger zone will be notified by the Navy by calling the Naval Base Coronado Range Safety Officer using a marine Small Arms Range Safety Officer at VHF–FM marine radio and by other 619–545–8413 during normal working means as necessary, to exit the danger hours. Assistance is also available via zone and remain outside the area until the Naval Base Coronado Hotline at conclusion of live firing. As new tech- 619–545–7190 or the Naval Base Coronado nology becomes available, the VHF–FM operator at 619–545–1011. If the phone marine radio communications system numbers are changed, they will be up- may be updated. dated on the Naval Base Coronado Web (8) Safety observers will be posted in site http://www.cnic.navy.mil/Coronado. accordance with range standard oper- (2) The danger zone will be open to ating procedures at all times when the fishing and general navigation when no warning flags or flashing lights de- weapons firing is scheduled, which will scribed in paragraphs (b)(3) and (b)(4) of be indicated by the absence of any this section are displayed. Operation of warning flags or flashing lights on land the small arms range will only occur in the locations specified in paragraphs when visibility is sufficient to main- (b)(3) and (b)(4) of this section. tain visual surveillance of the danger (3) When live firing is about to be un- zone and vicinity. In the event of lim- dertaken or is in progress during day- ited visibility due to rain, fog or other light hours, three (3) large red warning conditions, live firing will be postponed flags will be displayed at the top of the until the danger zone can be confirmed flag poles on the southern berm of the clear of all vessels and individuals. small arms range, so as to be clearly (9) Naval Base Coronado will main- visible from all points of entry into the tain a schedule of live firing at the danger zone. The west flag pole is lo- small arms range on its Web site, http:// cated on the southern berm at latitude www.cnic.navy.mil/Coronado, which will 32°41′21.5″ N, longitude 117°12′42.8″ W, be accessible to the public, mariners, the middle flag pole is located at lati- and recreationists. The Navy will tude 32°41′21.7″ N, longitude 117°12′40.9″ maintain the Web site on a year round W, and the east flag pole is located at basis and update information as needed latitude 32°41′22.4″ N, longitude for public safety. 117°12′38.7″ W. (c) Enforcement. The regulation in (4) When live firing is about to be un- this section will be enforced by the dertaken or is in progress during peri- Commanding Officer, Naval Base Coro- ods of darkness, three (3) red flashing nado, and such agencies and persons as warning lights will be displayed at the he/she may designate. top of the flag poles on the southern [75 FR 26102, May 11, 2010] berm of the small arms range at the locations described in paragraph (b)(3) of § 334.870 San Diego Harbor, Calif.; re- this section, so as to be clearly visible stricted area. from all points of entry into the danger (a) Restricted area at Bravo Pier, Naval zone. Air Station—(1) The area. The water of

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the Pacific Ocean in North San Diego An area in San Diego Bay between Bal- Bay in an area extending from the last Point and Zuniga Point inclosed western boundary of North Island by lines connecting the following sta- about 0.2 nautical miles bayward and tions: basically outlined as follows: Station Latitude Longitude Station Latitude Longitude A 32°41′17″ 117°13′58″ 1 32°41′51.3″ N 117°13′34.0″ W B 32°41′19″ 117°13′36.5″ 2 32°41′51.3″ N 117°13′46.6″ W C 32°41′01″ 117°13′34″ 3 32°41′43.3″ N 117°13′50.0″ W D 32°40′59″ 117°13′55″ 4 32°41′35.8″ N 117°13′48.0″ W E 32°41′03″ 117°13′56″ 5 32°41′35.8″ N 117°13′35.0″ W A 32°41′17″ 117°13′58″

(2) The regulations. (i) The restricted (2) The regulations. (i) No vessel shall area shall not be open to swimming, anchor within the restricted area at fishing, mooring or anchorage. any time. (ii) Transit will be allowed through (ii) Dredging, dragging, seining, other the restricted area except that no tran- fishing operations, and other activities sit will be allowed within 100 feet of the not under the direction of the United ammunition pier (Bravo Pier). All un- States, which might foul underwater authorized vessels entering the re- installations within the restricted stricted area shall proceed across the area, are prohibited. area by the most direct route and with- (iii) All tows entering the restricted out unnecessary delay. Only vessels area shall be streamed and shortened owned by, under hire to, or performing to the seaward of the area and towing work for the Naval Air Station or the appendages and catenaries shall not be Naval Weapons Station may operate dragged along the bottom while pro- within 100 feet of the ammunition pier. ceeding through the area. (b) Restricted area at U.S. Naval (iv) All vessels entering the re- Degaussing Station—(1) The area. That stricted area shall proceed across the portion of San Diego Bay near Point area by the most direct route and with- Loma, inclosed by lines connecting the out unnecessary delay. following points, which are rectangular (d) Restricted area at the Naval Supply coordinates and are referred to U.S. Center Pier—(1) The area. The waters of Coast and Geodetic Survey station San Diego Bay extending approxi- ‘‘Old Town’’ as their origin: mately 100 feet out from the north, west and south sides of the Naval Sup- ‘‘a’’ S. 18,738.80, W. 16,299.50. ply Center Pier enclosed by lines con- ‘‘b’’ S. 18,817.60, W. 15,791.30. ‘‘c’’ S. 19,376.09, W. 14,270.73. necting the following stations: ‘‘d’’ S. 20,023.15, W. 14,462.94. Station Latitude Longitude ‘‘e’’ S. 21,080.24, W. 14,333.14. ‘‘f’’ S. 22,074.40, W. 16,371.48. A 32°42′50″ N 117°10′25″ W B 32°42′50″ N 117°10′38″ W (2) The regulations. (i) There shall be C 32°42′54″ N 117°10′38″ W no introduction of external magnetic D 32°42′54″ N 117°10′25″ W field sources within the area. (ii) Craft of any size shall not be ex- (2) The regulations. (i) No vessel or cluded from transiting the area. How- craft of any size shall lie-to or anchor ever, they shall proceed through the in the restricted area at any time other area by the most direct route without than a vessel operated by or for the delay or loitering. On occasion, access U.S. Navy, U.S. Coast Guard, other au- to the bait barges may be delayed for thorized military components, or other intermittent periods not exceeding 30 vessels authorized by Commander minutes. Naval Base, San Diego or his designee. (iii) No craft of any size shall lay-to (ii) Loitering, dredging, dragging, or anchor within the area except on seining, fishing and similar activities prior permission granted by the Officer within the restricted area are prohib- in Charge, U.S. Naval Degaussing Sta- ited. tion. (e) Enforcement. The regulations in (c) Restricted area between Ballast this section shall be enforced by the Point and Zuniga Point—(1) The area. Commander, Naval Base, San Diego,

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California, and such agencies as he/she (2) Dredging, dragging, seining, and may designate. other similar operations within the restricted area are prohibited. [17 FR 5951, July 2, 1952, as amended at 29 FR (3) The regulations in this section 9710, July 18, 1964; 35 FR 16370, Oct. 20, 1970; 49 FR 33646, Aug. 24, 1984. Redesignated at 50 shall be enforced by the Commandant, FR 42696, Oct. 22, 1985, as amended at 55 FR Eleventh Naval District, San Diego, 27102, June 29, 1990; 55 FR 31689, Aug. 3, 1990] California, and such agencies as he may designate. § 334.880 San Diego Harbor, Calif.; [17 FR 4346, May 13, 1952. Redesignated at 30 naval restricted area adjacent to FR 4756, Apr. 14, 1965. Redesignated at 50 FR Point Loma. 42696, Oct. 22, 1985] (a) The area. That portion of San Diego Bay southerly of Ballast Point, § 334.900 Pacific Ocean, U.S. Marine exclusive of the southwesterly portion Corps Base, Camp Pendleton, Calif.; of the restricted area described in restricted area. § 334.612(b) located westerly of the en- (a) The area. Beginning at the shore- trance channel, bounded on the west by line north of the boat basin, latitude the shoreline at Point Loma, on the 33°13′10″, longitude 117°24′19″; thence east by the entrance channel west westward to latitude 33°12′48″, lon- project line, and on the south by lati- gitude 117°24′56″; thence southward to tude 32°40′. latitude 33°12′32″, longitude 117°24′44″; (b) The regulations. (1) The area is re- thence eastward to latitude 33°12′47″, served for anchorage of vessels of the longitude 117°24′17″ (a point on the U.S. Government and authorized har- breakwater); thence northeastward bor pilot and patrol boats. All other along breakwater to latitude 33°12′58″, craft may navigate and operate longitude 117°24′09″; thence northward through the area, and temporary moor- along shoreline to point of beginning. ing of vessels (not to exceed 24 hours) is (b) The regulations. (1) No vessels permissible. shall anchor within the restricted area (2) No other vessels shall anchor or at any time. moor permanently in the area except (2) Dredging, dragging, seining, fish- by special permission obtained in ad- ing operations, and other activities, vance from the Commander, Naval which might foul underwater installa- Base, San Diego, Calif. tions within the restricted area, are (3) The regulations in this section prohibited. (3) All vessels entering the restricted shall be enforced by the Commandant, area shall proceed across the area by 11th Naval District, San Diego, Calif., the most direct route and without un- and such agencies as he may designate. necessary delay. [30 FR 4756, Apr. 14, 1965. Redesignated at 50 (4) The regulations in this section FR 42696, Oct. 22, 1985] shall be enforced by the Commanding General, U.S. Marine Corps Base, Camp § 334.890 Pacific Ocean off Point Loma, Pendleton, California, and such agen- Calif.; naval restricted area. cies as he may designate. (a) The area. The waters of the Pa- [24 FR 1214, Feb. 17, 1959. Redesignated at 50 cific Ocean within an area extending FR 42696, Oct. 22, 1985] southerly from Point Loma, California, described as follows: Beginning at lati- § 334.905 Pacific Ocean, offshore of tude 32°39′54″, longitude 117°13′18″; Camp Pendleton, California; thence southeasterly to latitude Fallbrook restricted area. 32°34′31″, longitude 117°09′41″; thence (a) The area. The waters of the Gulf 270° true to longitude 117°16′40″; thence of Santa Catalina, offshore of Camp due north to latitude 32°39′54″; and Pendleton in the Pacific Ocean, San thence 90° true to the point of begin- Diego County, California. The center of ning. the restricted area is located at 33°18.6′ (b) The regulations. (1) No vessel shall N. latitude, 117°32.0′ W. longitude, with anchor within the restricted area at a radius of 9,000 feet. any time without specific permission (b) The regulations. (1) No vessel or of the enforcing agency. craft of any size shall lie-to or anchor

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in the restricted area at any time other (b) The regulations. (1) No person or than a vessel operated by or for the vessels, other than Naval Ordnance U.S. Coast Guard, local, State or Fed- Test Station craft, and those cleared eral law enforcement agencies. for entry by the Naval Ordnance Test (2) Loitering, dredging, dragging, an- Station, shall enter the area at any choring, seining, fishing, and similar time except in an emergency, pro- activities within the restricted area ceeding with extreme caution. during vertical replenishment oper- (2) Dredging, dragging, seining or ations use is prohibited. other fishing operations within these (c) Enforcement. The regulations in boundaries are prohibited. this section shall be enforced by the (3) No seaplanes, other than those ap- U.S. Coast Guard, local, State, or Fed- proved for entry by Naval Ordnance eral law enforcement agencies. Test Station, may enter the area. [58 FR 53427, Oct. 15, 1993] (4) The regulations in this section shall be enforced by security personnel § 334.910 Pacific Ocean, Camp Pen- attached to the U.S. Naval Ordnance dleton Boat Basin, U.S. Marine Test Station, China Lake, California, Corps Base, Camp Pendleton, Calif.; and by such agencies as may be des- restricted area. ignated by the Commandant, Eleventh (a) The area. All of the waters of Naval District, San Diego, California. Camp Pendleton Boat Basin entrance channel lying northerly of a line be- [23 FR 2098, Mar. 29, 1958, as amended at 48 FR 6708, Feb. 15, 1983; 48 FR 8273, Feb. 28, tween a light on the north Camp Pen- 1983. Redesignated at 50 FR 42696, Oct. 22, dleton jetty at latitude 33°12′22″, lon- 1985, as amended at 62 FR 17556, Apr. 10, 1997] gitude 117°24′07″, and a light on the north Oceanside Harbor groin at lati- § 334.921 Pacific Ocean at San tude 33°12′29″, longitude 117°23′55″. Clemente Island, Calif.; naval re- (b) The regulations. (1) The area is restricted area. served exclusively for use by vessels (a) The area. All waters between the owned or operated by the Federal Gov- northern and southern boundaries of ernment. Permission to enter the area the area known as West Cove seaward must be obtained from the enforcing approximately four miles. The north- agency. ern boundary is defined by the coordi- (2) The regulations in this section nates: shall be enforced by the Commanding General, U.S. Marine Corps Base, Camp 33°00′52″ N. 118°36′18″ W. ° ′ ″ ° ′ ″ Pendleton, California, or such agencies 32 59 30 N. 118 37 30 W. 32°59′20″ N. 118°38′38″ W. as he may designate. [28 FR 13784, Dec. 19, 1963. Redesignated at 50 The southern boundary is defined by FR 42696, Oct. 22, 1985] the coordinates: 33°00′40″ N. 118°35′27″ W. § 334.920 Pacific Ocean off the east 32°58′30″ N. 118°36′40″ W. coast of San Clemente Island, Calif.; 32°57′45″ N. 118°38′38″ W. naval restricted area. (b) (1) The use of this (a) The area. The waters of the Pa- The regulation. cific Ocean within an area extending area for anchorage is prohibited to all easterly from the east coast of San craft at all times. Clemente Island, California, described (2) The regulations in this section as follows: The northerly boundary to shall be enforced by the Commander, be a continuation, to seaward of the ex- Naval Base, San Diego, and such agen- isting southerly boundary of the re- cies as he/she shall designate. stricted anchorage area, as described in [50 FR 50297, Dec. 10, 1985] 110.218 of this chapter, to latitude 33°00.3′ N., longitude 118°31.1′ W.; thence § 334.930 Anaheim Bay Harbor, Calif.; to latitude 32°58.6′ N., longitude Naval Weapons Station, Seal Beach. 118°30.0′ W.; thence to latitude 32°57.9′ (a) The restricted area. The water of N., longitude 118°31.3′ W on the shore- Anaheim Bay Harbor between the east line; thence northerly along the shore- and west jetties at the United States line to the point of beginning. Naval Weapons Station, Seal Beach,

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California, and the contiguous tidal cies as he/she may designate. For clari- channel and basin as far east as the fication or other information, the U.S. Anaheim Bay bridge. Naval Weapons Station Command Duty (b) The regulation. (1) The authority Officer should be contacted at (213) 594– of the Naval Weapons Station Com- 7101. manding Officer in this area extends to restricting and disallowing the navi- [53 FR 6942, Mar. 3, 1988, as amended at 62 FR 17556, Apr. 10, 1997] gating or anchorage of craft during such times as the Commanding Officer § 334.938 Federal Correctional Institu- determines that considerations of na- tion, Terminal Island, San Pedro tional security or safety warrant such Bay, California; restricted area. action(s). (a) The area. The waters of San Pedro (2) All craft authorized transit of this Bay on the east side of Reservation area shall stay within the limits of the Point extending 150 feet (50 yards), entrance channel in the Outer Harbor, from the Federal Correctional Institu- and confine their movement to within tion fence along the shore to the fol- the limits of the marked small craft lowing stations: channel at the southern portion of the Inner Harbor. Station Latitude Longitude (3) Recreational craft, such as water skis, jet skis (personal water craft), 1 33°43′45.5″ N 118°16′2.0″ W ° ′ ″ ° ′ ″ row boats, canoes, kayaks, wind surf- 2 33 43 37.0 N 118 15 58.0 W 3 33°43′27.5″ N 118°15′54.5″ W ers, sail boards, surf boards, etc., and any activity involving persons in the water, are specifically prohibited with- The stations will be marked by three in the restricted area. special purpose buoys (white with an (4) Boats unable to throttle down or orange diamond in the center). to maintain steerage way at 5 miles per (b) The regulations. No person or ves- hour speed shall proceed at the min- sel of any kind shall enter, navigate, imum speed consistent with seaman- anchor or moor within the restricted ship in an area regularly subject to wa- area without first obtaining the per- terborne explosive handling operations. mission of the Warden, Federal Correc- In case of doubt, boat operators of in- tional Institution, Terminal Island. bound boats will remain in the west The regulations in this section shall be end of the basin and outbound boats in enforced by the U.S. Coast Guard, the the east end of the basin until informed Warden of the Federal Correctional In- by a representative of the Naval Weap- stitution, Terminal Island, and such ons Station or U.S. Coast Guard of the agencies and he/she may designate. completion of the waterborne explosive [57 FR 58098, Dec. 8, 1992; 58 FR 42237, Aug. 9, handling hazard. 1993, as amended at 62 FR 17556, Apr. 10, 1997] (5) Smoking, open flames and bar- becues in boats are prohibited during § 334.940 Pacific Ocean in vicinity of the transit of this area. San Pedro, Calif.; practice firing (6) Nothing in the regulations in this range for U.S. Army Reserve, Na- section shall be construed as relieving tional Guard, and Coast Guard units. the owner or persons in command of any vessels or plant from the penalties (a) The danger zone. (1) [Reserved] of the law for obstructing navigation (2) Zone B. An area extending south- or for not complying with the naviga- west and northwest from Point tion laws in regard to lights or signals Vicente, described as follows: Begin- or for otherwise violating law. ning at Point Vicente Light, latitude (7) All vessel operators shall heed and 33°44′30″, longitude 118°24′36″; thence obey all posted signs and/or instruc- southwesterly to latitude 33°43′42″, lon- tions issued by security personnel of gitude 118°25′24″; thence northwesterly the U.S. Naval Weapons Station. to latitude 33°46′30″, longitude 118°27′06″; (8) The regulations in this section thence southeasterly to the shore, lati- shall be enforced by the Commanding tude 33°44′54″, longitude 118°24′42″; and Officer, U.S. Naval Weapons Station, thence southerly along the shore to the Seal Beach, California, and such agen- point of beginning.

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(b) The regulations. (1) Intermittent miles; thence 040.4 degrees true to the firing may take place in the danger beach. zone on any day from sunrise to sunset. (3) The waters of the Pacific Ocean (2) Except as otherwise provided in within an area beginning at Pyramid this paragraph, the danger zone will be Head Light; extending in a direction of open to fishing and general navigation. 133 degrees true, 2.0 nautical miles; When firing is not scheduled the danger thence 024 degrees true, 2.14 nautical zone may be occupied without restric- miles, thence 313 degrees true, 7.6 nau- tion. When firing is in progress safety tical miles; thence 220 degrees true to observers will be maintained to warn the beach. all vessels. Notice to vacate the area, (b) The regulations. (1) All persons and or to stop at the boundaries, will be all vessels shall promptly vacate the given by siren, patrol vessel, or other areas when ordered to do so by the effective means, and such notice shall Navy or the Coast Guard. Persons and be promptly obeyed. All vessels per- vessels shall not enter the areas during mitted to enter the danger zone during periods scheduled for firing. These a firing period, other than those owned areas are used for various surface and by and operated by or under the direc- air gunnery and aerial bombing exer- tion of the U.S. Government, shall pro- cises by the United States Navy, Coast ceed across the area by the most direct Guard and Marine Corps. Hazardous route and clear the area with the conditions exist during shore bombard- greatest possible dispatch. No person ment by naval ships in the area sea- shall enter the water and no vessel, ward of that described in paragraphs fishing boat, or recreational craft shall (a)(1) and (a)(2) of this section between anchor in the danger zone during an ac- the firing vessel and the shore. The tual firing period. area described in paragraph (a)(3) of (3) Nothing in this section shall be this section is hazardous due to the construed as relieving the owner or possibility of rounds landing in the person in charge of a vessel from any waters east of San Clemente Island. penalties for obstructing navigation, or (2) All persons in the area are warned for obstructing or interfering with that unexploded ordinance exists with- range lights, or for not complying with in the shore bombardment area on San the navigation laws in regard to lights Clemente Island and in the surrounding and fog signals, or for otherwise vio- waters. All persons should exercise ex- lating any law or regulations. treme caution when operating in the (4) The regulations in this section area. shall be enforced by the Commanding (3) Information about scheduled exer- Officer, Fort MacArthur, California, cises will be published in the Local No- and such agencies as he may designate. tice to Mariners and also may be obtained by calling the shore bombard- [19 FR 3795, June 22, 1954, as amended at 27 FR 2465, Mar. 15, 1962. Redesignated at 50 FR ment area scheduler at (619) 437–2231. 42696, Oct. 22, 1985, as amended at 62 FR 17556, Vessels in the vicinity of San Clemente Apr. 10, 1997] Island may obtain information on the status of the range by contacting the § 334.950 Pacific Ocean at San Navy Observation Post by marine radio Clemente Island, California; Navy on channel 16. However, the Navy Ob- shore bombardment areas. servation Post is normally manned (a) The danger zones. (1) The waters of only during firing exercises. In addi- the Pacific Ocean within an area begin- tion, since the Navy Observation Post ning at China Point Light; extending may not be able to receive radio trans- in a direction of 181 degrees true, 2.0 missions or answer a vessel calling nautical miles; thence 072.5 degrees from the area described in paragraph true, 5.375 nautical miles; thence 313 (A)(3) of this section due to inter- degrees true to Pyramid Head Light. ference from the land mass, it is rec- (2) The waters of the Pacific Ocean ommended that callers position their within an area beginning at China craft for line-of-sight transmission Point Light; extending in a direction of with the Navy Observation Posts near 181 degrees true, 2.0 nautical miles; Pyramid Cove prior to assuming that thence 303 degrees true, 5.35 nautical the range is not in use.

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(4) Except in an emergency, no vessel sels shall leave the area immediately shall anchor in these areas without by the shortest route. Upon completion first obtaining permission from the of firing or if the scheduled firing is Commander, Naval Base, San Diego or cancelled for any reason, fishermen and from the senior officer present in the small-boat operators will be notified as area who may grant permission to an- far in advance as possible by Marine chor not exceeding the period of time Radio Broadcast. that he, himself, is authorized to re- (5) The regulations in this section main there. The senior officer present shall be enforced by security personnel shall advise the Commander, Naval attached to the Naval Ordnance Test Base, San Diego when and to whom a Station, Pasadena Annex, and by such berth is assigned. agencies as may be designated by the (5) The regulations in this section Commandant, Eleventh Naval District, shall be enforced by the Commander, San Diego. Naval Base, San Diego, and such agen- [27 FR 6829, July 19, 1962. Redesignated at 50 cies as he/she shall designate. FR 42696, Oct. 22, 1985, as amended at 62 FR [55 FR 30907, July 30, 1990, as amended at 62 17557, Apr. 10, 1997; 62 FR 24034, May 2, 1997] FR 17556, Apr. 10, 1997] § 334.961 Pacific Ocean, San Clemente § 334.960 Pacific Ocean, San Clemente Island, California, naval danger Island, Calif.; naval danger zone off zone off the northwest shore. West Cove. (a) The danger zone: The waters of the (a) The danger zone. The waters of the Pacific Ocean adjacent to San Pacific Ocean in an area about one-half Clemente Island, California, bounded mile off the west coast of San by the following coordinates and San Clemente Island basically outlined as Clemente Island: follows: Point A—33°01′38″ N 118°36′20″ W Point B—33°01′11″ N 118°37′25″ W Latitude Longitude Point C—33°00′11″ N 118°37′00″ W ° ′ ″ ° ′ ″ 33°00′40″ 118°35′45″ Point D—33 00 05 N 118 38 53 W 32°57′40″ 118°34′25″ Point E—33°02′55″ N 118°39′05″ W 32°57′10″ 118°35′40″ Point F—33°04′25″ N 118°37′41″ W 33°00′10″ 118°37′00″ Point G—33°02′02.5″ N 118°35′53″ W 33°00′40″ 118°35′45″ (b) The regulations: (1) No person shall (b) The regulations. (1) Intermittent enter this area during closure periods firing may take place in the danger unless authorized to do so by the en- zone on any day from 8:00 a.m. until forcing agency. No vessel or other 1:00 p.m. craft, except vessels of the U.S. Gov- (2) Except as otherwise provided in ernment or vessels duly authorized by this section, the danger zone will be the enforcing agency shall enter this open to fishing and general navigation. area during closure periods. (3) The operations officer, Naval Ord- (2) The regulations in this section nance Test Station, Pasadena Annex, shall be enforced by the commander, Pasadena, California, will announce Naval Base, San Diego, California, and firing schedules. Each week, public no- such agencies as he/she shall designate. tices will be issued giving advance fir- [55 FR 41522, Oct. 12, 1990, as amended at 62 ing schedules. Such notices will appear FR 17557, Apr. 10, 1997] in the local newspapers and in local ‘‘Notice to Mariners’’ and ‘‘Notice to § 334.980 Pacific Ocean; around San Airmen.’’ For the benefit of the fisher- Nicolas Island, Calif., naval re- men and small-craft operators, an- stricted area. nouncements will be made on the ma- (a) The area. The waters of the Pa- rine radio. cific Ocean around San Nicolas Island, (4) When a scheduled firing is about Calif., extending about 3 miles seaward to be undertaken, fishing boats and from the shoreline, described as fol- other small craft will be contacted by lows: surface patrol boats or aircraft equipped with a loudspeaker system. Latitude Longitude When so notified, all persons and ves- Point A 33°10′10″ 119°24′20″

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Latitude Longitude (1) At Point M two triangular markers are installed facing southward, 10 Point C 33°10′10″ 119°31′10″ Point D 33°12′00″ 119°35′30″ feet in length on each side, with red Point E 33°14′20″ 119°37′40″ and white diagonal stripes, each mark- Point F 33°16′40″ 119°38′10″ er mounted atop 80-foot poles spaced Point G 33°19′10″ 119°37′10″ ° ′ ″ ° ′ ″ 100 yards apart, each pole being located Point I 33 20 10 119 31 10 ° ′ ″ Point K 33°17′40″ 119°24′50″ on the line of longitude 119 29 40 W. Point L 33°13′50″ 119°21′50″ and near the southerly shoreline at latitude 33°13′10″ N. The southernmost (b) Sections of area. (1) ALPHA sec- marker is 20 feet below the other. tion is the northerly section of the (2) At Point N two triangular mark- area, and is described as follows: ers are installed facing northwesterly, 10 feet in length on each side, with red Latitude Longitude and white diagonal stripes, each mark- Point G 33°19′10″ 119°37′10″ er mounted atop 80-foot poles spaced Point I 33°20′10″ 119°31′10″ 100 yards apart, the poles being located Point J 33°18′18″ 119°26′29″ near the northwesterly shoreline at Point O 33°15′43″ 119°28′40″ latitude 33°16′30″ N. and longitude Thence northwesterly along shoreline to Point N 119°30′40″ W. The northernmost marker is 20 feet below the other. Point N 33°16′30″ 119°30′40″ Point G 33°19′10″ 119°37′10″ (3) At Point O two triangular markers are installed facing northeasterly, (2) BRAVO section is the westerly 10 feet in length on each side, with red section of the area, and is described as and white diagonal stripes, each mark- follows: er mounted atop 80-foot poles spaced 100 yards apart, the poles being located Latitude Longitude near the northeasterly shoreline at Point N 33°16′30″ 119°30′40″ latitude 33°15′43″ N. and longitude 119°28′40″ W. The northernmost marker Thence westerly, southerly and easterly along the shoreline is 20 feet below the other. to Point M (d) The regulations. (1) No seaplanes, Point M 33°13′10″ 119°29′40″ other than those approved for entry by Point B 33°10′10″ 119°29′40″ the Commander, Pacific Missile Range ° ′ ″ ° ′ ″ Point C 33 10 10 119 31 10 (COMPMR) may enter any section of Point D 33°12′00″ 119°35′30″ Point E 33°14′20″ 119°37′40″ the area. Point F 33°16′40″ 119°38′10″ (2) Subject to the provisions of para- Point G 33°19′10″ 119°37′10″ ° ′ ″ ° ′ ″ graph (d)(4) of this section, relating to Point N 33 16 30 119 30 40 sections BRAVO and CHARLIE, no ves- (3) CHARLIE section is the easterly sels other than Pacific Missile Range section of the area, and is described as craft and those cleared for entry by follows: COMPMR, or the Officer-in-Charge, San Nicolas Island shall enter any sec- Latitude Longitude tion of the area at any time except in an emergency, proceeding with ex- Point J 33°18′18″ 119°26′29″ Point O 33°15′43″ 119°28′40″ treme caution. (3) Dredging, dragging, seining, an- Thence easterly, southerly and westerly along the shoreline choring and other fishing operations to Point M within ALPHA section of the area are Point M 33°13′10″ 119°29′40″ prohibited at all times. Point B 33°10′10″ 119°29′40″ (4) Dredging, dragging, seining, or Point A 33°10′10″ 119°24′20″ Point L 33°13′50″ 119°21′50″ other fishing operations are allowed Point K 33°17′40″ 119°24′50″ within the boundaries of BRAVO and Point J 33°18′18″ 119°26′29″ CHARLIE sections at all times except when declared closed by COMPMR. No- (c) Markers. Range markers, as delin- tice that sections BRAVO and/or eated below, are installed at Points M, CHARLIE are closed to fishing shall be N, and O for navigational purposes to given by publication of notices to indicate the boundaries between sec- mariners, or may be obtained by moni- tions ALPHA, BRAVO, and CHARLIE. toring standard Coast Guard radio

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broadcasts or by contacting the Pacific NOTE: All bearings in this section are re- Missile Range by telephone or radio. ferred to true meridian. Boats must remain at least 300 yards (b) The regulations. No person may from the shoreline of San Nicolas Is- enter the area and no vessel or other land at all times. Nothing in this provi- craft, except vessels of the U.S. Gov- sion shall be construed as authoriza- ernment or vessels duly authorized by tion for personnel to land on San Nico- the Commander, San Francisco Naval las Island, except in an emergency. Shipyard, shall navigate, anchor or (5) The regulations in this section moor in this area. shall be enforced by personnel attached to the Pacific Missile Range, Point [26 FR 11201, Nov. 28, 1961. Redesignated at 50 Mugu, Calif., and by such agencies as FR 42696, Oct. 22, 1985; 51 FR 25198, July 11, may be designated by the Com- 1986, as amended at 62 FR 17557, Apr. 10, 1997] mandant, 11th Naval District, San § 334.1020 San Francisco Bay and Oak- Diego, Calif. land Inner Harbor; restricted areas [30 FR 2260, Feb. 19, 1965. Redesignated at 50 in vicinity of Naval Air Station, Ala- FR 42696, Oct. 22, 1985, and amended at 58 FR meda. 21226, Apr. 19, 1993] (a) The areas. (1) The waters of San Francisco Bay bounded by the shore of § 334.990 Long Beach Harbor, Calif.; Naval Air Station, Alameda, and a line naval restricted area. beginning at a point on the north side (a) The area. All the waters between of Oakland Inner Harbor Entrance the Navy mole and Terminal Island to Channel at approximately: 37°47′57″ N, the westward of longitude 118°13′10″. 122°19′43″ W; WSW to 37°47′53″ N, (b) The regulations. (1) The area is re- 122°19′57″ W; SE to 37°47′46″ N, 122°20′00″ served exclusively for use by naval ves- W; SE to 37°47′41″ N, 122°19′52″ W; S to sels. Permission for any person or ves- 37°46′49″ N, 122°19′52″ W; E to 37°46′49″ N, sel to enter the area must be obtained 122°19′28″ W; SE to 37°46′46″ N, 122°19′21″ from the enforcing agency. W; E to 37°46′45″ N, 122°19′05″ W; SE to (2) The regulations in this section 37°46′38″ N, 122°18′59″ W; SSW to 37°46′18″ shall be enforced by the Commander, N, 122°19′05″ W; SE to 37°46′00″ N, U.S. Naval Base Los Angeles, Long 122°18′28″ W; E to 37°46′00″ N, 122°18′22″ Beach, California, and such agencies as W; N to 37°46′03″ N, 122°18′22″ W; E to he may designate. 37°46′00″ N, 122°17′28″ W; NE to 37°46′03″ N, 122°17′26″ W; where it joins the Naval [19 FR 891, Feb. 17, 1954, as amended at 27 FR Air Station, Alameda, Breakwater. 12368, Dec. 13, 1962. Redesignated at 50 FR 42696, Oct. 22, 1985, as amended at 62 FR 17557, (2) The waters of the entrance chan- Apr. 10, 1997] nel to Oakland Inner Harbor (San An- tonio Estuary) between the westerly § 334.1010 San Francisco Bay in vicin- end of the rock wall on the south side ity of Hunters Point; naval re- of the channel and the easterly bound- stricted area. ary of the Naval Air Station. (a) The area. Bounded by the shore of (b) The regulations. (1) No person shall the San Francisco Naval Shipyard and enter this area and no vessel or other the following lines: Beginning at a craft, except vessels of the U.S. Gov- point on the northerly shore of the ernment or vessels duly authorized by Shipyard bearing 292°40′, 950 yards, the Commanding Officer, U.S. Naval from Hunters Point Light; thence Air Station, Alameda, California, shall 35°27′, 730 yards to the U.S. Pierhead navigate, anchor or moor in the area Line; thence 142°55′, 1,300 yards, along described in paragraph (a)(1) of this the Pierhead Line; thence 180°, 2,450 section. yards, to the San Francisco-San Mateo (2) No person shall enter this area County Line; thence 270°, 430 yards, and no vessel without special author- along the County Line; thence 305°27′, ization of the Commander, Twelfth 1,313 yards, to and along the southwest- Coast Guard District, shall lie, anchor erly side of South Basin; and thence or moor in the area described in para- due north, 413 yards, to the southwest- graph (a)(2) of this section. Vessels erly shore of the Shipyard. may proceed through the entrance

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channel in process of ordinary naviga- § 334.1050 Oakland Outer Harbor adja- tion or may moor alongside wharves on cent to the Military Ocean Ter- the Oakland side of the channel. minal, Bay Area, Pier No. 8 (Port of Oakland Berth No. 10); restricted [26 FR 11201, Nov. 28, 1961, as amended at 27 area. FR 10484, Oct. 27, 1962. Redesignated at 50 FR 42696, Oct. 22, 1985, and amended at 51 FR (a) The area. Within 100 feet of the 25198, July 11, 1986; 55 FR 3056, Jan. 30, 1990; pier. 62 FR 17557, Apr. 10, 1997] (b) The regulations. No persons and no vessels or other craft, except vessels of § 334.1030 Oakland Inner Harbor adja- the U.S. Government or vessels duly cent to Alameda Facility, Naval authorized by the Commander, Oak- Supply Center, Oakland; restricted land Army Base, shall enter this area. area. [26 FR 11201, Nov. 28, 1961, as amended at 31 (a) The area. Within 100 feet of the Al- FR 6590, May 3, 1966. Redesignated at 50 FR ameda Facility wharf. 42696, Oct. 22, 1985; 51 FR 25198, July 11, 1986, (b) The regulations. No persons and no as amended at 62 FR 17557, Apr. 10, 1997] vessels or other craft, except vessels of the United States Government or ves- § 334.1060 Oakland Outer Harbor adja- sels duly authorized by the Com- cent to the Oakland Army Base; restricted area. manding Officer, Naval Supply Center, Oakland, shall enter this area. (a) The area. Within 100 feet of the wharves, piers or shore. [26 FR 11201, Nov. 28, 1961, as amended at 31 (b) The regulations. No persons and no FR 6590, May 3, 1966. Redesignated at 50 FR vessels or other craft, except vessels of 42696, Oct. 22, 1985; 51 FR 25198, July 11, 1986, the U.S. Government or vessels duly as amended at 62 FR 17557, Apr. 10, 1997] authorized by the Commander, Oak- § 334.1040 Oakland Harbor in vicinity land Army Base, shall enter this area. of Naval Supply Center, Oakland; [26 FR 11201, Nov. 28, 1961, as amended at 31 restricted area and navigation. FR 6590, May 3, 1966. Redesignated at 50 FR (a) The area. Bounded by the shore of 42696, Oct. 22, 1985; 51 FR 25198, July 11, 1986, the Naval Supply Center and the fol- as amended at 62 FR 17557, Apr. 10, 1997] lowing lines: Beginning at a point on § 334.1065 U.S. Coast Guard Station, the north shore located at about lati- San Francisco Bay, Yerba Buena Is- tude 37°48′26″, longitude 122°19′34″; land, San Francisco Bay, California; thence 225°12′, 290 yards; and thence restricted area. 173°10′, 620 yards to a point on the south (a) The area. San Francisco Bay on shore at about latitude 37°48′02″, lon- the east side of Yerba Buena Island: gitude 122°19′39″. From a point along the southeastern (b) The regulations. (1) No persons and shore of Yerba Buena Island at latitude no vessels or other craft, except vessels 37°48′27″ North, longitude 122°21′44″ of the U.S. Government or vessels duly West; east to latitude 37°48′27″ North, authorized by the Commanding Officer, longitude 122°21′35″ West; north to lati- Naval Supply Center, Oakland, shall tude 37°48′49″ North, longitude 122°21′35″ enter this area. West, a point on the northeastern side (2) All vessels over 1,000 tons dis- of Yerba Buena Island. placement, bound for the Naval Supply (b) The regulation. (1) All persons and Center, Oakland, shall use a qualified vessels are prohibited from entering pilot regularly licensed for the waters the waters within the Restricted Area of Oakland Harbor. for any reason without prior written permission from the Commanding Offi- [26 FR 11201, Nov. 28, 1961, as amended at 31 cer of the Coast Guard Group San FR 6590, May 3, 1966. Redesignated at 50 FR Francisco on Yerba Buena Island. 42696, Oct. 22, 1985; 51 FR 25198, July 11, 1986, (2) Mooring, anchoring, fishing, tran- as amended at 62 FR 17557, Apr. 10, 1997] sit and/or swimming shall not be allowed within the Restricted Area without prior written permission from the Commanding Officer of the Coast

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Guard Group San Francisco on Yerba trict, and such agencies as he may des- Buena Island. ignate. (c) Enforcement. The regulation in this section shall be enforced by the [26 FR 11201, Nov. 28, 1961. Redesignated at 50 Commanding Officer of the Coast FR 42696, Oct. 22, 1985; 51 FR 25198, July 11, 1986, as amended at 62 FR 17557, Apr. 10, 1997] Guard Group San Francisco on Yerba Buena Island, and such agencies and § 334.1090 San Francisco Bay in vicin- persons as he/she shall designate. ity of the NSC Fuel Department, [69 FR 20547, Apr. 16, 2004] Point Molate restricted area. (a) The area. Bounded by the easterly § 334.1070 San Francisco Bay between Treasure Island and Yerba Buena shore of upper San Francisco Bay and Island; naval restricted area. the following lines: Beginning at a ° (a) The area. All the water of the cove point on shore bearing 17 800 yards, bounded by the south shore of Treasure from ‘‘Tree’’ at Molate Point thence ° ° Island, the north shore of Yerba Buena 270 , 870 yards; thence 189 1,100 yards; Island, and the connecting causeway, and thence 123° to the shore. west of a line extending from the (b) The regulations. Persons and ves- southeast corner of the most southerly sels not operating under supervision of of the four finger piers along the east the local military or naval authority side of Treasure Island, at about lati- or public vessels of the United States, tude 37°49′11″, longitude 122°21′40″, ap- shall not enter this area except by spe- proximately 153°20′ to the northeast- cific permission of the Commanding Of- erly point of Yerba Buena Island, at ficer, Naval Supply Center. about latitude 37°48′55″, longitude 122°21′30″. [26 FR 11201, Nov. 28, 1961, as amended at 42 (b) The regulations. No person and no FR 17120, Mar. 31, 1977. Redesignated at 50 FR vessel or other craft, except vessels 42696, Oct. 22, 1985; 51 FR 25198, July 11, 1986, owned and operated by the U.S. Gov- as amended at 62 FR 17558, Apr. 10, 1997] ernment or vessels duly authorized by § 334.1100 San Pablo Bay, Carquinez the Commanding Officer, Naval Sta- Strait, and Mare Island Strait in vi- tion, Treasure Island, shall enter the cinity of U.S. Naval Shipyard, Mare restricted area. Island; restricted area. [26 FR 11201, Nov. 28, 1961. Redesignated at 50 (a) The area. The waters of San Pablo FR 42696, Oct. 22, 1985; 51 FR 25198, July 11, Bay, Carquinez Strait, and Mare Island 1986, as amended at 62 FR 17557, Apr. 10, 1997] Strait, within 100 yards of the shore of § 334.1080 San Francisco Bay adjacent that part of the Navy Yard, Mare Is- to northeast corner of Treasure Is- land, south of the causeway between land; naval restricted area. the City of Vallejo and Mare Island and (a) The area. Beginning at the inter- extending continuously therefrom section of Pier 21 and the bulkhead southeasterly, southwesterly, and line, thence northwesterly along the northwesterly around the Navy Yard to bulkhead to the northernmost point of its northwesterly limit on the waters Treasure Island; thence 288° true, 290 of San Pablo Bay, and the waters with- yards; thence 26° true, 475 yards; thence in 50 yards of any part of the berthing 115° 30′ true, 520 yards; thence 152° true, piers at the Navy Yard. 500 yards to Pier 21; thence along the (b) The regulations. No persons shall pier to the point of beginning. enter this area and no vessels or other (b) The regulations. No person shall craft, except vessels of the U.S. Gov- enter the restricted area. No vessels, ernment or vessels duly authorized by except those engaged in naval oper- the Commander, Mare Island Naval ations, shall lie, anchor, moor or un- Shipyard, Vallejo, California, shall necessarily delay in the area. Vessels navigate, anchor or moor in this area. may pass through the area in the process of ordinary navigation except as di- [26 FR 11201, Nov. 28, 1961, as amended at 27 rected by patrol boats. The regulations FR 10484, Oct. 27, 1962. Redesignated at 50 FR in this paragraph shall be enforced by 42696, Oct. 22, 1985; 51 FR 25198, July 11, 1986, the Commandant, Twelfth Naval Dis- as amended at 62 FR 17558, Apr. 10, 1997]

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§ 334.1110 Suisun Bay at Naval Weap- will be conducted as determined by the ons Station, Concord; restricted Commanding Officer, U.S. Naval Con- area. struction Battalion Center, Port Hue- (a) The area. Beginning at a point on neme, Calif. the shore and on the easterly side of (2) Except as otherwise provided in the mouth of a small slough (known as this section, the danger zone will be Hastings Slough) bearing 189°, 2,412 open to fishing and general navigation. yards from Tripon at Preston Point on (3) The Commanding Officer, U.S. Roe Island; thence 340°30′, 400 yards, to Naval Construction Battalion Center, the shore line of the westerly of the Port Hueneme, California, will an- two Seal Islands; thence 60°30′, 940 nounce firing schedules. Each week, yards; thence 75°, 1,650 yards; thence public notices will be issued giving ad- 102°, 1,850 yards; thence 99°, 1,880 yards; vance firing schedules. Such notices thence 180°, 435 yards, to the shore line; will appear in the local newspapers and thence following the high water shore in local ‘‘Notice to Mariners,’’ and line in a general westerly direction to ‘‘Notice to Airmen.’’ For the benefit of the point of beginning. fishermen and smallcraft operators, an- (b) The regulations. (1) No person, ves- nouncements will be made on the ma- sel, watercraft, conveyance or device rine radio. shall enter or cause to enter or remain (4) When a scheduled firing is about in this area. No person shall refuse or to be undertaken or is in progress, a fail to remove any person or property large red flag will be displayed from in his custody or under his control the control tower situated at latitude from this area upon the request of the 34°05′32″, longitude 119°03′57″, so as to be Commanding Officer of the Naval clearly visible for a distance of at least Weapons Station Concord or his/her au- three (3) miles offshore. Safety observ- thorized representative. ers will be on duty at all times when (2) The regulations in this section the warning flag is being displayed shall be enforced by the Commanding from the tower. Upon completion of fir- Officer, Naval Weapons Station Con- ing, or if the scheduled firing is can- cord, and such agencies as he/she shall celed for any reason, fishermen and designate. small-boat operators will be notified as [26 FR 11201, Nov. 28, 1961, as amended at 42 far in advance as possible by Marine FR 17120, Mar. 31, 1977. Redesignated at 50 FR Radio Broadcast. 42696, Oct. 22, 1985, as amended at 61 FR 43970, (5) Persons, vessels or other craft Aug. 27, 1996] shall not enter or remain in the danger § 334.1120 Pacific Ocean in the vicinity zone when the warning flag is being of Point Mugu, Calif.; naval small displayed unless authorized to do so by arms firing range. the range officer in the control tower. (a) The danger zone. A triangular area (6) The regulations in this section extending westerly into the waters of shall be enforced by the Commandant, the Pacific Ocean from a point on the Eleventh Naval District, San Diego, beach north of Point Mugu, California, California, and such agencies as he described as follows: Beginning at lati- may designate. ° ′ ″ ° ′ ″ tude 34 05 32 , longitude 119 03 57 ; [28 FR 4785, May 14, 1963; 29 FR 1318, Jan. 25, thence southwesterly approximately 1964, as amended at 32 FR 5834, Apr. 12, 1967. 4,000 yards to latitude 34°04′22″, lon- Redesignated at 50 FR 42696, Oct. 22, 1985, as gitude 119°05′55″; thence northwesterly amended at 62 FR 17558, Apr. 10, 1997] approximately 1,500 yards to latitude 34°05′01″, longitude 119°06′17″; thence § 334.1125 Pacific Ocean Naval Air northeasterly to the point of begin- Weapons Station, Point Mugu, ning. Small Arms Range, Ventura County, (b) The regulations. (1) Range firing California; danger zone. will normally take place between 6 (a) The area. A triangular area ex- a.m. and 6 p.m., Thursday through tending southerly into the waters of Monday, and between 6 a.m. and 11:30 the Pacific Ocean from a point on the p.m., Tuesday and Wednesday of each beach north of Point Mugu, California, week. Within the above periods, firing as follows:

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Station Latitude Longitude Mugu incorporates its shoreline and connects the following points: latitude 1 ...... 34°05′48″ N ...... 119°07′03″ W. ° ′ ″ ° ′ ″ 2 ...... 34°03′20″ N ...... 119°08′16″ W. 34 7 9.9 , longitude 119 9 35.6 (up-coast 3 ...... 34°03′11″ N ...... 119°07′39″ W. shoreline point); latitude 34°7′0.0″, lon- 4 ...... 34°05′42″ N ...... 119°06′59″ W. gitude 119°9′46.7″ latitude 34°6′44.9″, lon- 5 ...... 34°05′41″ N ...... 119°06′51″ W. ° ′ ″ ° ′ ″ 6 ...... 34°05′45″ N ...... 119°06′52″ W. gitude 119 9 22.5 ; latitude 34 6 30.2 , longitude 119°8′59.0″; latitude 34°6′20.5″, lon- (b) The regulations. (1) Range firing gitude 119°8′46.7″; latitude 34°6′8.4″, lon- will normally take place between 7 gitude 119°8′25.2″; latitude 34°5′53.7″; lon- a.m. and 5 p.m. Monday through Fri- gitude 119°7′59.5″; latitude 34°5′45.9″, lon- day. gitude 119°7′41.5″; latitude 34°5′40.1″, lon- (2) The danger zone may be used at gitude 119°7′21.0″; latitude 34°5′33.6″, lon- all times for navigation and fishing, ex- gitude 119°6′58.1″; latitude 34°5′31.2″, lon- cept when advance notice of intention gitude 119°6′37.9″; latitude 34°5′31.0″, lon- to use this area has been given by the gitude 119°6′22.2″; latitude 34°5′32.9″, lon- enforcing agency by one or more of the gitude 119°6′14.4″; latitude; 34°5′44.7″, following means: longitude 119°5′54.0″; latitude 34°5′45.2″, (i) Notice published in Ventura Coun- longitude 119°5′43.5″; latitude 34°5′41.0″, ty daily newspaper, at least two days longitude 119°5′21.2″; latitude 34°5′42.2″, in advance of the date of said use and longitude 119°5′13.3″; latitude 34°5′27.8″, in the local ‘‘Notice to Mariners.’’ longitude 119°4′49.5″; latitude 34°5′17.9″, (ii) Display of red flag from the tower longitude 119°4′27.9″; latitude 34°5′5.7″, at 34°05′53″ N., 119°06′59″ W; or display of longitude 119°3′59.90″; latitude; red flashing beacons in the case of 34°5′17.9″, longitude 119°3′55.4″ (down- night firing. coast shoreline point). (iii) Radio broadcast on VHF-FM (b) The regulation. No vessels may channel 16. enter the restricted area unless permis- (iv) Notice to individual craft by sion is obtained in advance from the visit of United States vessel. Commanding Officer of Naval Base (v) Telephone advice to such fisher- Ventura County. Contact Naval Base man’s organizations as may request, in Ventura County Security at (805) 989– writing, that such advice be given. 7907. (3) Safety observers will be on duty (c) Enforcement. The regulation in at all times when the range is in use. this section, promulgated by the Upon completion of firings, or if the United States Army Corps of Engi- scheduled firing is canceled for any neers, shall be enforced by the Com- reason, fishermen and small boat oper- manding Officer of Naval Base Ventura ators will be notified as far in advance County, and such agencies or persons as possible by Marine Radio Broadcast. as he/she may designate. (4) Persons, vessels or other craft [69 FR 20546, Apr. 16, 2004] shall not enter or remain in the danger zone when the warning flag or beacon § 334.1127 Naval Base Ventura County, is being displayed unless authorized to Port Hueneme, California; re- do so by the range officer in the con- stricted area. trol tower. (a) The area. The waters within Port (5) The regulations in this section Hueneme Harbor, beginning at the sea- shall be enforced by personnel attached ward ends of the two Port Hueneme to the Naval Air Weapons Station, Harbor entrance jetties, with the Point Mugu, California, and by such northwestern entrance jetty end occur- other agencies as the Commandant, ring at latitude 34°8′37.0″ N., longitude Eleventh Naval District, San Diego, 119°12′58.8″ W. and the southeastern en- California, may designate. trance jetty occurring at latitude [62 FR 40278, July 28, 1997] 34°8′34.8″ N, longitude 119°12′43.2″ W., and extending northeasterly to the § 334.1126 Naval Base Ventura County, shoreline. Point Mugu, California; restricted (b) The regulation. No vessels or per- area. sons may enter the restricted area un- (a) The area. The restricted area at less permission is obtained in advance Naval Base Ventura County Point from the Commanding Officer of Naval

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Base Ventura County. Commercial ves- acteristics as to range and reliability sels that are required to make Ad- permit, may be conducted without re- vanced Notifications of Arrival shall quiring complete evacuation of the en- continue to do so. All vessels must ob- tire area. These zones are described as tain clearance from ‘‘Control 1’’ over follows: marine radio channel 06 VHF-FM prior (i) Zone 1. An area extending seaward to crossing the COLREGS (Collision about three nautical miles from the Regulations) demarcation line. Vessels shoreline beginning at Point Sal, lati- without marine radio capability must tude 34°54′08″, longitude 120°40′15″; obtain clearance in advance by con- thence due west to latitude 34°54′08″, tacting ‘‘Control 1’’ via telephone at longitude 120°44′00″; thence to latitude (805) 982–3938 prior to crossing the 34°52′48″, longitude 120°44′00″; thence to COLREGS demarcation line. The latitude 34°50′00″, longitude 120°40′30″; COLREGS demarcation line is defined thence due east to the shoreline at lati- as a line approximately 1,500 feet in tude 34°50′00″, longitude 120°36′30″. length connecting the seaward limits (ii) Zone 2. An area extending sea- or ends of the two Port Hueneme Har- ward about three nautical miles from bor entrance jetties, with the north- the shoreline beginning at latitude western jetty end occurring at latitude 34°50′00″, longitude 120°36′30″; thence due 34°8′37.0″ N., longitude 119°12′58.8″ W., west to latitude 34°50′00″, longitude and the southeastern entrance jetty oc- 120°40′30″, thence to latitude 34°45′28″, curring at latitude 34°8′34.8″ N., lon- longitude 120°42′05″; thence due east to gitude 119°12′43.2″ W. (NAD83). the shoreline at Purisima Point, lati- (c) Enforcement. The regulation in tude 34°45′28″, longitude 120°38′15″. this section, promulgated by the (iii) Zone 3. An area extending sea- United States Army Corps of Engi- ward about three nautical miles from neers, shall be enforced by the Com- the shoreline beginning at Purisima manding Officer of Naval Base Ventura Point latitude 34°45′28″, longitude County, and such agencies or persons 120°38′15″; thence due west to latitude as he/she may designate. 34°45′28″, longitude 120°42′05″; thence to ° ′ ″ ° ′ ″ [69 FR 20545, Apr. 16, 2004] latitude 34 44 50 , longitude 120 42 15 ; thence to latitude 34°41′50″, longitude § 334.1130 Pacific Ocean, Western 120°40′12″; thence due east to the shore- Space and Missile Center (WSMC), line at the mouth of the Santa Ynez Vandenberg AFB, Calif.; danger River, latitude 34°41′50″, longitude zones. 120°36′20″. (a) The Area. (1) The waters of the Pa- (iv) Zone 4. An area extending sea- cific Ocean in an area extending seaward about three nautical miles from ward from the shoreline a distance of the shoreline beginning at the mouth about three nautical miles and basi- of the Santa Ynez River latitude cally outlined as follows: 34°41′50″, longitude 120°36′20″; thence due west to latitude 34°41′50″, longitude Station Latitude Longitude 120°40′12″; thence to latitude 34°35′12″; Point Sal 34°54′08″ 120°40′15″ longitude 120°42′45″; thence latitude 1 34°54′08″ 120°44′00″ 34°34′32″, longitude 120°42′15″, thence due 2 34°52′48″ 120°44′00″ east to the shoreline at Point Arguello, 3 34°50′00″ 120°40′30″ 4 34°44′50″ 120°42′15″ latitude 34°34′32″, longitude 120°39′03″. 5 34°41′50″ 120°40′12″ (v) Zone 5. An area extending seaward 6 34°35′12″ 120°42′45″ about three nautical miles from the 7 34°33′00″ 120°41′05″ 8 34°30′40″ 120°37′29″ shoreline beginning at Point Arguello, 9 34°24′18″ 120°30′00″ latitude 34°34′32″, longitude 120°39′03″; 10 34°23′34″ 120°27′05″ thence due west to latitude 34°34′32″, 11 34°24′21″ 120°24′40″ ° ′ ″ 12 34°27′20″ 120°24′40″ longitude 120 42 15 ; thence to latitude Point Sal 34°54′08″ 120°40′15″ 34°33′00″, longitude 120°41′05″; thence to latitude 34°30′40″, longitude 120°37′29″; (2) The danger area described in para- thence due north to the shoreline at graph (a)(1) of this section will be di- latitude 34°33′15″, longitude 120°37′29″. vided into zones in order that certain (vi) Zone 6. An area extending sea- firing tests and operations, whose char- ward about three nautical miles from

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the shoreline beginning at latitude weekly ‘‘Notice to Mariners.’’ For the 34°33′15″, longitude 120°37′29″; thence due benefit of fishermen, small craft opera- south to latitude 34°30′40″, longitude tors and drilling platform operators, 120°37′29″; thence due east to the shore- announcements will also be made on line at latitude 34°30′40″, longitude radio frequency 2182 kc, 2638 kc, VHF 120°30′10″. channel 6 (156.30 MHZ), VHF channel 12 (vii) Zone 7. An area extending sea- (156.60 MHZ), and VHF channel 16 ward about three nautical miles from (156.80 MHZ) for daily announcements. the shoreline beginning at latitude Additionally, information will be post- 34°30′40″, longitude 120°30′10″; thence due ed on notice boards located outside ° ′ ″ west to latitude 34 30 40 , longitude Port Control Offices (Harbormasters) ° ′ ″ ° ′ ″ 120 37 29 ; thence to latitude 34 26 56 , at Morro Bay, Port San Luis, Santa ° ′ ″ longitude 120 33 06 ; thence due east to Barbara, Ventura, Channel Islands, and the shoreline at Point Conception, lati- Port Hueneme Harbors, and any estab- tude 34°26′56″, longitude 120°28′10″. lished harbor of refuge between Santa (viii) Zone 8. An area extending sea- Barbara and Morro Bay. ward about three nautical miles from the shoreline beginning at Point Con- (4) All fishing boats, other small ception, latitude 34°26′56″, longitude craft, drilling platforms and shipping 120°28′10″; thence due west to latitude vessels with radios are requested to 34°26′56″, longitude 120°33′06″; thence to monitor radio frequency 2182 kc, 2638 latitude 34°24′18″, longitude 120°30′00″; kc, VHF channel 6 (156.30 MHZ), VHF thence to latitude 34°23′34″, longitude channel 12 (156.60 MHZ), or channel 16 120°27′05″; thence shoreward to Point (156.80 MHZ) while in these zones for Conception, latitude 34°26′56″, longitude daily announcements of zone closures. 120°28′10″. (5) When a scheduled launch oper- (ix) Zone 9. An area extending sea- ation is about to begin, radio broadcast ward about three nautical miles from notifications will be made periodically, the shoreline beginning at Point Con- starting at least 24 hours in advance. ception, latitude 34°26′56″, longitude Additional contact may be made by 120°28′10″; thence seaward to latitude surface patrol boats or aircraft 34°23′34″, longitude 120°27′05″; thence to equipped with a loudspeaker system. latitude 34°24′21″, longitude 120°24′40″; When so notified, all persons and all thence due north to the shoreline at vessels shall leave the specified zone or latitude 34°27′20″, longitude 120°24′40″. zones immediately by the shortest (b) The regulations. (1) Except as pre- route. scribed in this section or in other regu- (6) The Commander, WSMC, will ex- lations, the danger zone will be open to tend full cooperation relating to the fishing, location of fixed or movable oil public use of the danger area and will drilling platforms and general naviga- fully consider every reasonable request tion without restrictions. for its use in light of requirements for (2) The stopping or loitering by any national security and safety of persons person or vessel is expressly prohibited and property. within Danger Zone 4, between the mouth of the Santa Ynez River and (7) Where an established harbor of Point Arguello, unless prior permission refuge exists, small craft may take is obtained from the Commander, shelter for the duration of zone closure. Western Space and Missile Center (8) Fixed or movable oil drilling plat- (WSMC) at Vandenberg AFB, Cali- forms located in zones identified as fornia. hazardous and closed in accordance (3) The impacting of missile debris with this regulation shall cease oper- from launch operations will take place ations for the duration of the zone clo- in any one or any group of zones in the sure. The zones shall be closed continu- danger areas at frequent and irregular ously no longer than 72 hours at any intervals throughout the year. The one time. Such notice to evacuate per- Commander, WSMC, will announce in sonnel shall be accomplished in accord- advance, the closure of zones hazarded ance with procedures as established by by missile debris impact. Such advance the Commander, WSMC, the U.S. De- announcements will appear in the partment of the Interior, Minerals

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Management Service and the oil indus- at latitude 34°03′09″ N. The northern- try in the adjacent waters of the outer most marker is 20 feet below the other. continental shelf. (c) The regulations. (1) Except as pre- (9) No seaplanes, other than those ap- scribed in this section or in other regu- proved by the Commander, WSMC, may lations, the danger zone will be open to enter the danger zones during launch fishing and general navigation. Bomb closure periods. drops between designated hours are ex- (10) The regulations in this section pected to be intermittent, and when shall be enforced by personnel attached safe to do so, commercial fishing boats to WSMC and by such other agencies as and other small craft will be granted may be designated by the Commander, permission to proceed through the dan- WSMC. ger zone. All vessels permitted to enter (11) The regulations in this section the zone during a scheduled bomb drop shall be in effect until further notice. period, other than those owned or oper- They shall be reviewed again during ated by the U.S. Government, shall August 1994. proceed across the zone by the most di- (33 U.S.C. 1, 3) rect route and clear the area as soon as possible. When bomb drops are not [48 FR 19025, Apr. 27, 1983. Redesignated at 50 FR 42696, Oct. 22, 1985, and amended at 54 FR scheduled, the zone may be occupied 31142, July 26, 1989; 62 FR 17558, Apr. 10, 1997] without restriction. (2) The anchoring, stopping or loi- § 334.1140 Pacific Ocean at San Miguel tering by any person, vessel, fishing Island, Calif.; naval danger zone. boat or recreational craft within the (a) The area. The waters around San danger zone during scheduled firing/ Miguel Island, extending about 3 miles drop hours is expressly prohibited. seaward from the shoreline within the (3) The bomb drops will take place in following points: the danger zone at frequent and irregular intervals throughout the year. Latitude (N) Longitude (W) Danger zone usage demands are identi- Point A 34°01′32″ 120°23′17″ fied in the Eleventh Coast Guard Dis- Point B 33°58′48″ 120°23′17″ trict, ‘‘Local Notice of Mariners.’’ An- ° ′ ″ ° ′ ″ Point C 33 58 48 120 15 00 nouncements will also be made on ma- Point D 34°02′50″ 120°15′00″ Point E 34°05′45″ 120°17′25″ rine radio channel 16, at 0800 local Point F 34°07′00″ 120°20′05″ time, 1200 local time and/or 1 hour Point G 34°09′18″ 120°23′17″ prior to bomb drop operations. Status Point H 34°03′09″ 120°23′17″ of the zone and/or permission to enter, (b) Markers. Range markers, as delin- may be requested by calling ‘‘Plead eated below, are installed at points A Control’’ on marine channel 16 or by and H for navigational purposes for calling the Pacific Missile Test Center both surface vessels and aircraft: (PMTC) on telephone number (805) 982– (1) At point A two triangular mark- 8280 or 982–8841. ers are installed facing southward, 10 (4) The Commander, PMTC will ex- feet in length on each side, with red tend full cooperation relating to the and white diagonal stripes, each mark- public use of the danger zone area and er mounted atop 80-foot poles spaced will fully consider every reasonable re- 100 yards apart, each pole being placed quest for its use in light of require- on the line of longitude 120°23′17″ W. ments for national security and safety and near the southerly shoreline at of persons and property. latitude 34°01′32″ N. The southernmost (5) No seaplanes, other than those ap- marker is 20 feet below the other. proved for entry by the Commander, (2) At point H two triangular mark- PMTC, may enter the danger zone dur- ers are installed facing true north 10 ing firing periods. feet in length on each side, with red (6) Landing by any vessel or going and white diagonal stripes, each mark- ashore by any person on San Miguel Is- er mounted atop 80-foot poles spaced land is specifically prohibited without 100 yards apart, each pole being placed prior permission of the Superintendent, on the line of longitude 120°23′17″ W. Channel Islands National Park. Appli- and near the northwesterly shoreline cations for such permission should be

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made to: Superintendent, Channel Is- given by the enforcing agency by one lands National Park, 1699 Anchors Way or more of the following means. Drive, Ventura, California 93003. (a) Notice published in Monterey (7) The regulations in this section County and Santa Cruz County daily shall be enforced by personnel attached newspapers, at least two days in ad- to the Pacific Missile Test Center, vance of the date of said use. Point Mugu, California, and by such (b) Display of red flags at Indian other agencies as the Commandant, Head Beach and near the Point Pinos 11th Naval District, San Diego, Cali- Lighthouse. fornia, may designate. (c) Radio Broadcast. (8) The regulations in this section shall be in effect until further notice. (d) Notice to individual craft by a They shall be reviewed in 1986. visit of a U.S. vessel. (e) Telephone advice to such fisher- (Sec. 7, 40 Stat. 266, Chap. XIX, 40 Stat. 892; men’s organizations as may request, in 33 U.S.C. 1, 3) writing, that such advice be given. [31 FR 816, Jan. 21, 1966, as amended at 47 FR (iii) The regulations in this para- 4990, Feb. 3, 1982. Redesignated at 50 FR graph will be enforced by the Com- 42696, Oct. 22, 1985, as amended at 62 FR 17558, manding General, Fort Ord, California. Apr. 10, 1997] (b) Navy mining operations area—(1) § 334.1150 Monterey Bay, Calif. The danger zone. Shoreward of a line (a) Firing range, Fort Ord, Calif.—(1) beginning at the stack at about lati- ° ′ ″ ° ′ ″ The danger zone. (i) A rectangular area tude 36 58 06 , longitude 121 54 06 ; ° ° in Monterey Bay, the southerly limit thence 230 true, 6.0 miles; thence 140 ° of which is an extension seaward of the true, 7.5 miles; thence 50 true to the southerly line of the Fort Ord Military shore. Reservation boundary and bears 307° (2) The regulations. The danger zone true, 8,000 yards from a point on the will be used for training in various shore at latitude 36°37′47″, longitude phases of mine warfare operations. 121°50′28″, and the northerly limit of During the period from August 1 to which is a line bearing 307° true, 8,000 February 15, inclusive, each year, no yards, from a point on the shore at operations will be carried on which will latitude 36°41′57″, longitude 121°48′30″, involve placing any obstructions in the opposite Marina, Monterey County, water nor will any operations be car- California. The seaward boundary is a ried on at night. During the period straight line joining the outer ends of from February 16 to July 31, inclusive, the southerly and the northerly bound- each year, operations may be carried aries at the 8,000 yard range and is ap- on which will involve laying exercise proximately parallel to the shore. mines and other moored or bottom ob- (ii) The danger zone is divided into a structions. In each case when moored short range area, extending seaward or bottom obstructions are laid a no- from the shore a distance of 5,000 yards tice to mariners will be issued giving measured along the southerly and notice of their approximate location northerly boundaries, and a long range within the danger zone and all persons area embracing the entire danger zone. and vessels shall keep clear. (2) The regulations. (i) The 5,000 yard [13 FR 8301, Dec. 24, 1948. Redesignated at 14 short range is prohibited to all persons, FR 4904, Aug. 9, 1949, and amended at 17 FR vessels and craft, except those author- 4665, May 22, 1952; 19 FR 96, Jan. 7, 1954. Re- ized by the enforcing agency, each designated at 50 FR 42696, Oct. 22, 1985, as week, between dawn and midnight from amended at 62 FR 17558, Apr. 10, 1997] Monday through Friday and between dawn and dusk on Saturday and Sun- § 334.1160 San Pablo Bay, Calif.; target day. practice area, Mare Island Naval (ii) The area between the 5,000 yard Shipyard, Vallejo. short range and the 8,000 yard seaward (a) The danger zone. A sector in San boundary of the danger zone may be Pablo Bay adjacent to the westerly used at all times for navigation and shore of Mare Island with a radius of fishing, except when advance notice of 4,700 yards, centered at a point bearing intention to use this area has been 316° true, 3,605 yards, from Mare Island

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Strait Light 1, with limiting true bear- mandant, 12th Naval District and such ings from that center of 266°30′ and 222°. agencies as he may designate. (b) The regulations. The Commander, Mare Island Naval Shipyard, Vallejo, [31 FR 13992, Nov. 2, 1966, as amended at 34 FR 5723, Mar. 27, 1969; 35 FR 9279, June 13, California, will conduct target practice 1970; 42 FR 40196, Aug. 9, 1977. Redesignated in the area at intervals of which the at 50 FR 42696, Oct. 22, 1985, as amended at 62 public will be duly notified. At such FR 17558, Apr. 10, 1997] times all persons and vessels shall stay clear. § 334.1180 Strait of Juan de Fuca, [13 FR 8302, Dec. 24, 1948. Redesignated at 14 Wash.; air-to-surface weapon range, FR 4904, Aug. 9, 1949, and amended at 27 FR restricted area. 10484, Oct. 27, 1962; 37 FR 9995, May 18, 1972. (a) The restricted area. A circular area Redesignated at 50 FR 42696, Oct. 22, 1985, as immediately west of Smith Island with amended at 62 FR 17558, Apr. 10, 1997] a radius of 1.25 nautical miles having ° ′ ″ § 334.1170 San Pablo Bay, Calif.; gun- its center at latitude 48 19 11 North nery range, Naval Inshore Oper- and longitude 122°54′12″ West. In the ations Training Center, Mare Is- center of the area will be located a land, Vallejo. lighted and radar reflective buoy to (a) The Danger Zone. A sector in San serve as a navigational aid to mariners. Pablo Bay delineated by lines joining The area will be used for air-to-surface the following points: target practice using non-explosive training devices. Latitude Longitude (b) The regulations. (1) No person, ves- 38°02′08″ 122°25′17″ sel or other watercraft shall enter or 38°02′21″ 122°22′55″ remain within the designated re- 38°05′48″ 122°19′34″ 38°07′46″ 122°23′23″ stricted area between 0700 and 1200 hours daily, local time except as au- NOTE: The danger zone shall be used until thorized by the enforcing agency and September 30, 1982, after which it shall be as follows: The area will be open to subject to review to determine the further commercial gill net fishing during need thereof. scheduled fishing periods from June 15 (b) The regulations. The Commanding to October 15 annually. The October 15 Officer, Coastal River Division Eleven, closure date will be extended by the en- Department of the Navy, Mare Island, forcing agency if determined as advan- Vallejo, California, will conduct gunnery practice in the area during the pe- tageous to the commercial gill net riod April 1 through September 30, be- fishing by the Washington State De- tween the hours of 10 a.m. and 3 p.m. partment of Fisheries. on the first Wednesday of each month (2) Prior to each target practice oper- and the third full weekend (Saturday ation the restricted area will be pa- and Sunday) of June. No persons or trolled by naval aircraft. Those persons vessels shall enter or remain in the and vessels found within the restricted danger zone during the above stated pe- area will be overflown by the aircraft riods except those persons and vessels at an altitude of not less than 300′ in connected with the gunnery practice the direction in which the unauthor- operations. All firing will be from the ized person and vessel are to proceed to southerly portion of the danger zone in clear the area. a northerly direction, and only during (c) The regulations in this section good visibility. The public will be noti- shall be enforced by the Commandant, fied prior to each firing by a Notice to Thirteenth Naval District, Seattle, Mariners issued by the U.S. Coast Washington, and such agencies as he Guard and the area will be patrolled by may designate. boat and searched by radar to insure a clear range. A safety officer will al- (Sec. 7, 40 Stat. 266, Chap. XIX) ways be aboard the firing boat to guar- [39 FR 44753, Dec. 27, 1974; 40 FR 6502, Feb. 12, antee that all safety precautions are 1975. Redesignated at 50 FR 42696, Oct. 22, observed. The regulations in this sec- 1985, as amended at 62 FR 17558, Apr. 10, 1997] tion will be enforced by the Com-

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§ 334.1190 Hood Canal and Dabob Bay, 47°48′00″ to the mean high water line on Wash.; naval non-explosive torpedo the Bolton Peninsula; thence south- testing area. westerly along the mean high water (a) Hood Canal in vicinity of Bangor— line of the Bolton Peninsula to a point (1) The area. All waters of Hood Canal on longitude 122°51′06″; thence south on between latitude 47°46′00″ and latitude longitude 122°51′06″ to the mean high 47°42′00″, exclusive of navigation lanes water line at Whitney Pt.; thence along one-fourth nautical mile wide along the mean water line to a point on lon- the west shore and along the east shore gitude 122°51′15″; thence southwesterly south from the town of Bangor (lati- to the point of beginning. tude 47°43′28″). (2) The regulations. (i) Propeller-driv- (2) The regulations. (i) The area will en or other noise-generating craft shall be used intermittently by the Navy for not work their screws or otherwise non-explosive torpedo ranging. Launch- generate other than incidental noise in ing will be conducted only between 8:00 the area during periods of actual test- a.m., and sunset on days other than ing, which will be indicated by flashing Saturdays, Sundays, and holidays. At red beacons at strategic locations, and no time will the navigation lanes gen- all craft shall keep well clear of vessels erally paralleling the shore be closed engaged in such testing. to navigation. (ii) No vessel shall trawl or drag in (ii) Navigation will be permitted the area. within the area at all times except (iii) No vessel shall anchor in the when naval exercises are in progress. area except between the shore and the No vessel shall enter or remain in the 10-fathom depth line. area when such exercises are in (iv) Operations will normally be con- progress. Prior to commencement of an fined to the period from about 9:30 exercise, the Navy will make an aerial a.m., to 2:30 p.m., on Mondays through or surface reconnaissance of the area. Fridays, and will normally consist of Vessels under way and laying a course intermittent tests of less than 30 min- through the area will not be interfered utes duration, with boat passage per- with, but they shall not delay their mitted between tests. Transits of log- progress. Vessels anchored or cruising tows and other slow-moving traffic will in the area and vessels unobserved by be arranged on a mutually satisfactory the Navy reconnaissance which enter individual basis as appropriate. Emer- or are about to enter the area while a gencies or high-priority projects may torpedo is in the water will be con- occasionally cause operations outside tacted by a Navy patrol boat and ad- the periods specified above. No oper- vised to steer clear. Torpedos will be ations will be conducted on Sundays. tested only when all vessels or other craft have cleared the area. (c) The regulations in this section (iii) When operations are in progress, shall be enforced by the Commandant, use of the area will be indicated by the Thirteenth Naval District, and such presence of Naval vessels flying a agencies as he may designate. ‘‘Baker’’ (red) flag. [26 FR 6515, July 20, 1961. Redesignated at 50 (iv) Notices of temporary suspension FR 42696, Oct. 22, 1985] and revival of operations will be published in local newspapers and in No- § 334.1200 Strait of Juan de Fuca, east- tice to Mariners published by the U.S. ern end; off the westerly shore of Coast Guard. Whidbey Island; naval restricted (b) Dabob Bay in the vicinity of areas. Quilcene—(1) The area. All waters of (a) Area No. 1. Bounded by a line com- Dabob Bay beginning at latitude mencing at latitude 48°20′57″ N., lon- 47°39′27″, longitude 122°52′22″; thence gitude 122°40′39″ W.; thence to latitude northeasterly to latitude 47°40′19″, lon- 48°20′40″ N., longitude 122°42′59″ W.; gitude 122°50′10″; thence northeasterly thence to latitude 48°21′19″ N., lon- to a point on the mean high water line gitude 122°43′02″ W.; thence to latitude at Takutsko Pt.; thence northerly 48°21′13″ N., longitude 122°40′26″ W.; and along the mean high water line to lati- thence along the shore line to the point tude 47°48′00″; thence west on latitude of beginning.

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(b) Area No. 2. Bounded by a line com- § 334.1215 Port Gardner, Everett Naval mencing at latitude 48°21′53″ N., lon- Base, naval restricted area, Everett, gitude 122°40′00″ W.; thence to latitude Washington. ° ′ ″ ° ′ ″ 48 23 12 N., longitude 122 41 17 W.; (a) The area. The waters of Port thence to latitude 48°23′29″ N., lon- Gardner and East Waterway sur- gitude 122°40′22″ W.; thence to latitude 48°22′21″ N., longitude 122°39′50″ W.; and rounding Naval Station Everett begin- thence along the shore line to the point ning at Point 1, a point near the north- of beginning. west corner of Naval Station Everett (c) The regulations. (1) Persons and at latitude 47°59′40″ North, longitude vessels shall not enter these areas ex- 122°13′23.5″ West and thence to latitude cept at their own risk. 47°59′40″ North, longitude 122°13′30″ West (2) All persons and vessels entering (Point 2); thence to latitude 47°59′20″ these areas shall be obliged to comply North, longitude 122°13′33″ West (Point with orders received from naval 3); thence to latitude 47°59′13″ North, sources pertaining to their movements longitude 122°13′38″ West (Point 4); while in the areas. thence to latitude 47°59′05.5″ North, lon- (3) The regulations in this paragraph gitude 122°13′48.5″ West (Point 5); shall be enforced by the Commander, thence to latitude 47°58′51″ North, lon- Naval Base, Seattle, and such agencies gitude 122°14′04″ West (Point 6); thence as he/she may designate. to latitude 47°58′45.5″ North, longitude [26 FR 11203, Nov. 28, 1961. Redesignated at 50 122°13′53″ West (Point 7); thence to lati- FR 42696, Oct. 22, 1985] tude 47°58′45.5″ North, longitude EDITORIAL NOTE: For FEDERAL REGISTER ci- 122°13′44″ West (Point 8); thence to lati- tations affecting § 334.1200, see the List of tude 47°58′48″ North, longitude 122°13′40″ CFR Sections Affected, which appears in the West (Point 9); thence to latitude Finding Aids section of the printed volume 47°58′59″ North, longitude 122°13′30″ West and at www.fdsys.gov. (Point 10); thence to latitude 47°59′14″ ° ′ ″ § 334.1210 Admiralty Inlet, entrance; North, longitude 122 13 18 West (Point naval restricted area. 11); thence to latitude 47°59′13″ North, ° ′ ″ (a) Admiralty Inlet, entrance; naval re- longitude 122 13 12 West (Point 12); ° ′ ″ stricted area—(1) The area. Beginning at thence to latitude 47 59 20 North, lon- ° ′ ″ Point Wilson Light thence southwest- gitude 122 13 08 West (Point 13); thence erly along the coast line to latitude to latitude 47°59′20″ North, longitude 48°07′ N.; thence northwesterly to a 122°13′02.5″ West (Point 14), a point upon point at latitude 48°15′ N. longitude the Naval Station’s shore in the north- 123°00′ W.; thence due east to Whidbey east corner of East Waterway. Island; thence southerly along the (b) The regulation. (1) All persons and coast line to latitude 48°12.5′ N.; thence vessels are prohibited from entering southerly to the point of beginning. the waters within the restricted area (2) The regulations. (i) Use of any for any reason without prior written equipment such as anchors, fishing permission from the Commanding Offi- gear, grapnels, etc., which may foul un- cer of the Naval Station Everett. derwater installations within the re- (2) Mooring, anchoring, fishing and/or stricted area, is prohibited. Dumping of recreational boating shall not be al- any non-buoyant objects in this area is lowed within the restricted area with- prohibited. out prior written permission from the (ii) The regulations in this paragraph Commanding Officer, Naval Station shall be enforced by the Commander, Everettt. Naval Base, Seattle, and such agencies (c) Enforcement. The regulation in as he/she may designate. this section, promulgated by the [26 FR 11203, Nov. 28, 1961. Redesignated at 50 United States Army Corps of Engi- FR 42696, Oct. 22, 1985] neers, shall be enforced by the Com- EDITORIAL NOTE: For FEDERAL REGISTER ci- manding Officer, Naval Station Everett tations affecting § 334.1210, see the List of and such agencies and persons as he/she CFR Sections Affected, which appears in the shall designate. Finding Aids section of the printed volume and at www.fdsys.gov. [67 FR 36525, May 24, 2002]

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§ 334.1220 Hood Canal, Bangor; naval line of Port Orchard bearing 90° from restricted areas. stack (at latitude 47°42′01″, longitude ° ′ ″ ° (a) Hood Canal, Bangor; Naval re- 122 36 54 ); thence 90 , approximately stricted areas—(1) Area No. 1. That area 190 yards, to a point 350 yards from ° bounded by a line commencing on the stack; thence 165 , 6,000 yards, to a ° east shore of Hood Canal at latitude 47 point bearing 179 , 1,280 yards, from deg.46′18″ N, longitude 122 deg.42′18″ W; Battle Point Light; thence westerly to ° ′ ″ thence latitude 47 deg.46′32″ N, lon- the shoreline at latitude 47 39 08 (ap- gitude 122 deg.42′20″ W; thence to lati- proximate location of the Brownsville tude 47 deg.46′38″ N, longitude 122 Pier). deg.42′52″ W; thence to latitude 47 (2) The regulations. (i) No vessel shall, deg.44′15″ N, longitude 122 deg.44′50″ W; at any time, anchor or tow a drag of thence to latitude 47 deg.43′53″ N, lon- any kind in this area. gitude 122 deg.44′58″ W; thence to lati- (ii) The regulations in this paragraph tude 47 deg.43′17’’ N, longitude 122 shall be enforced by the Commander, deg.44′49″ W. Naval base, Seattle, and such agencies as he/she may designate. (2) Area No. 2. Waters of Hood Canal within a circle of 1,000 yards diameter [26 FR 11203, Nov. 28, 1961. Redesignated at 50 centered on a point located at latitude FR 42696, Oct. 22, 1985] 47 deg.46′26″ N, longitude 122 deg.42′49″ EDITORIAL NOTE: For FEDERAL REGISTER ci- W. tations affecting § 334.1230, see the List of (3) The regulations—(i) Area No. 1. No CFR Sections Affected, which appears in the person or vessel shall enter this area Finding Aids section of the printed volume without permission from the Com- and at www.fdsys.gov. mander, Naval Submarine Base Ban- § 334.1240 Sinclair Inlet; naval re- gor, or his/her authorized representa- stricted areas. tive. (ii) Area No. 2. (A) The area will be (a) Sinclair Inlet: naval restricted used intermittently by the Navy for areas—(1) Area No. 1. All the waters of magnetic silencing operations. Sinclair Inlet westerly of a line drawn (B) Use of any equipment such as an- from the Bremerton Ferry Landing at ° ′ ″ chors, grapnels, etc., which may foul latitude 47 33 48 North, longitude ° ′ ″ underwater installations within the re- 122 37 23 West on the north shore of ° ′ ″ stricted area, is prohibited at all times. Sinclair Inlet; and latitude 47 32 52 ° ′ ″ (C) Dumping of any nonbuoyant ob- North, longitude 122 36 58 West, on the jects in this area is prohibited. south shore of Sinclair Inlet. (2) Area No. 2. That area of Sinclair (D) Navigation will be permitted Inlet to the north and west of an area within that portion of this circular bounded by a line commencing at lati- area not lying within Area No. 1 at all tude 47°33′40″ North, longitude 122°37′32″ times except when magnetic silencing West (Point A); thence south to lati- operations are in progress. tude 47°33′36″ North, longitude 122°37′30″ (E) When magnetic silencing oper- West (Point B); thence southwest to ations are in progress, use of the area latitude 47°33′23″ North, longitude will be indicated by display of quick 122°37′45″ West (Point C); thence south- flashing red beacons on the pier located west to latitude 47°33′19″ North, lon- in the southeast quadrant of the area. gitude 122°38′12″ West (Point D); thence (4) Enforcement. The regulations in southwest to latitude 47°33′10″ North, this subsection shall be enforced by the longitude 122°38′19″ West (Point E); Commander, Naval Submarine Base thence southwest to latitude 47°33′07″ Bangor, or his/her authorized rep- North, longitude 122°38′29″ West (Point resentative. F); thence southwest to latitude [69 FR 272, Jan. 5, 2004] 47°33′04″ North, longitude 122°39′07″ West (Point G); thence west to the north § 334.1230 Port Orchard; naval re- shore of Sinclair Inlet at latitude stricted area. 47°33′04.11″ North, longitude 122°39′41.92″ (a) Port Orchard; naval restricted West (Point H). area—(1) The area. Shoreward of a line (3) The regulations. (i) Area No. 1. No beginning at a point on the west shore- vessel of more than, or equal to, 100

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gross tons shall enter the area or navi- and such agencies and persons as he/she gate therein without permission from shall designate. the enforcing agency, except Wash- [73 FR 78636, Dec. 23, 2008] ington State Ferries on established routes. § 334.1250 Carr Inlet, naval restricted (ii) Area No. 2. This area is for the ex- areas. clusive use of the United States Navy. (a) Carr Inlet, naval restricted areas— No person, vessel, craft, article or (1) The area. The Waters of Carr Inlet thing, except those under supervision bounded on the southeast by a line run- of military or naval authority shall ning from Gibson Point on Fox Island enter this area without permission to Hyde Point on McNeil Island, on the from the enforcing agency. northwest by a line running from ° ′ ″ (b) Enforcement. The regulation in Green Point (at latitude 47 16 54 N, ° ′ ″ this section shall be enforced by the longitude 122 41 33 W) to Penrose Commander, Navy Region Northwest, Point; plus that portion of Pitt Pas- sage extending from Carr Inlet to Pitt and such agencies and persons as he/she Island, and that portion of Hale Pas- shall designate. sage extending from Carr Inlet south- [73 FR 78635, Dec. 23, 2008] easterly to a line drawn perpendicular to the channel 500 yards northwesterly § 334.1244 Puget Sound, Manchester of the Fox Island Bridge. Fuel Depot, Manchester, Wash- (2) The regulations. (i) The area shall ington; naval restricted area. be used as an acoustic range for re- (a) The area. The waters of Puget search studies and special noise trials. Sound surrounding the Manchester No explosive shall be used. (ii) No marine craft of any type shall Fuel Depot Point A, a point along the at anytime approach or remain within northern shoreline of the Manchester ° ′ ″ one hundred yards of the hydrophone Fuel Depot at latitude 47 33 55 North, buoys. The hydrophone buoys will be ° ′ ″ longitude 122 31 55 , West; thence to anchored in Carr Inlet on a line perpen- ° ′ ″ latitude 47 33 37 North, longitude dicular to the course line opposite 122°31′50″, West (Point B); thence to Ketner’s Point, and about one mile latitude 47°33′32″ North, longitude from the Fox Island shore. The course 122°32′06″, West (Point C); thence to line, or range, will bear 134°38′21″ latitude 47°33′45.9″ North, longitude (314°38′21″) true, and will be marked by 122°32′16.04″, West (Point D), a point in range beacons erected near the shore- Puget Sound on the southern shoreline line approximately one mile north- of the Manchester Fuel Depot. northeast of of Steilacoom and ap- (b) The regulations. No person, vessel, proximately two miles north-northeast craft, article or thing except those of Home. under the supervision of the military (iii) Buoy Testing Area. No vessel or naval authority shall enter the area shall, at anytime, anchor or tow a drag without the permission of the enforc- of any kind within 1,000 yards of the ing agency or his/her designees. The re- buoy testing area. striction shall apply during periods (iv) The remainder of the area shall be open to navigation at all times ex- when a ship is loading and/or pier oper- cept when the range is in use or when ations preclude safe entry. The re- hydrophones are being calibrated. stricted periods will be identified by When the range is in use or hydro- the use of quick-flashing beacon lights, phones are being calibrated, quick which are mounted on poles at the end flashing beacon lights will be displayed of the main fuel pier on the south side on signal towers located at Gibson of Orchard Point at the entrance of Point, Green Point, Penrose Point, Rich Passage. Entry into the area is Pitt Island and Hyde Point. These bea- prohibited when the quick-flashing con lights will be either red or green. beacons are in a flashing mode. The beacon lights will show quick (c) Enforcement. The regulation in flashing every two seconds. The rang- this section shall be enforced by the ing of vessels or calibration of hydro- Commander, Navy Region Northwest, phones requiring retrictions will be

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conducted 24 hours per day for up to 5 dred yards of the low water mark at days consecutively, and will total ap- Green Point, and within two hundred proximately 150 days spread through- yards of the low water mark on the out the year. Shutting off of beacon southwest shore of Fox Island. lights will indicate termination of use (d) Towboats shall have free access of the range. Insofar as possible, the and egress to designated tow havens schedule of operations giving the days within Carr Inlet, as follows: The Navy the range will be in use for each forth- will establish and maintain suitable coming month will be published in mooring buoys for the use of tugs and local newspapers and in the local U.S. their tows at the following points: (1) Coast Guart Notice to Mariners. approximately 1,500 yards northwest of (v) When the red beacon lights are Gibson Point Light and approximately displayed, indicating that the range is 400 yards offshore from the low water in use or hydrophones are being cali- mark on the Fox Island shore; (2) ap- brated, navigation within the area will proximately 1,500 yards northwest of be restricted as follows: Hyde Point, and approximately 400 (a) As used in this section, the words yards offshore from the low water ‘‘operate, power vessel, and non-power mark on McNeil Island shore; and (3) vessel’’ are defined as follows: approximately 1,500 yards east of (1) ‘‘Operate’’: To be physically Wyckoff Shoal. Towboats will signal by present in the designated area. radio (Marine Band Channel 14, 13, 12, (2) ‘‘Power vessel’’: A vessel propelled or 6) or telephone as far in advance as principally by a mechanical propulsion possible of the time they enter the tow system (i.e., gasoline, diesel, steam or haven, such signals to be directed to electric drive to a propeller, pump jet, ‘‘Carr Inlet Range Control’’ at the paddle wheel or other device), and range instrument laboratory building being propelled by that means. located on Fox Island. The Navy shall (3) ‘‘Non-power vessel’’: A vessel not promptly suspend operations when nec- equipped with a mechanical propulsion essary to permit the access and egress system, such as a rowboat, canoe, or of such tow traffic, and Carr Inlet sailboat propelled by oars, paddles, or Range Control shall signal the tows sails, respectively. when the area is clear. (b) Power vessels shall not operate (e) Through commercial traffic, in- within the area, except that traffic in cluding tows, to points within Carr either direction between Hale Passage Inlet, and through Carr Inlet, Pitt Pas- and upper Carr Inlet, within 200 yards sage, and Hale Passage to adjacent of the low water mark off Green Point, waters will be permitted free access will be cleared by signal for approxi- and egress, as follows: Such traffic will mately 15 minutes total time within signal by radio (Marine Band Channel this area at the termination of indi- 14, 13, 12, or 6) or telephone as far in ad- vidual ranging runs, while the vessel vance as possible of the time they being ranged takes position for the enter the area, such signals to be di- next run. Clearance to traverse the rected to ‘‘Carr Inlet Range Control’’ area around Green Point will be indi- at the range instrument laboratory located by extinguishing the red flashing cated on Fox Island. The Navy shall beacon lights and displaying the green promptly suspend operations when nec- flashing beacon lights on all signal essary to permit the passage of such towers. traffic, and Carr Inlet Range Control (c) Non-powered marine craft shall shall signal when the area is clear for not operate within one mile of the passage. course line bearing 134°38′21″ (314°38′21″) (f) The Warden of the McNeil Island true, and within two miles to the penitentiary and his authorized rep- southeast and two miles to the north- resentatives shall be permitted to oper- west of the hydrophone buoys situated ate within the area at any time, as in Carr Inlet opposite Ketner’s Point; may be necessary, for the patrol and provided, however, non-powered craft search of escaped convicts. may operate within four hundred yards (g) Red or green signal flags will be of the low water mark on the northeast displayed on the signal towers in case side of McNeil Island, within two hun- of failure of the red or green beacon

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lights. The display or the signal flags 48°04′44″ North, longitude 122°45′12″ West at the top of the flag masts will have (Point D); thence to latitude 48°04′26″ the same significance as the beacon North, longitude 122°45′21″ West (Point lights. E); thence to latitude 48°04′10″ North, (3) The regulations in this paragraph longitude 122°45′15″ West (Point F); shall be enforced by the Commander, thence to latitude 48°04′07″ North, lon- Naval Base, Seattle, and such agencies gitude 122°44′49″ West (Point G); thence as he/she may designate. to a point on the Walan Point shoreline (b) [Reserved] at latitude 48°04′16″ North, longitude 122°44′37″ West (Point H). [26 FR 11203, Nov. 28, 1961. Redesignated at 50 FR 42696, Oct. 22, 1985] (b) The regulations. This area is for the exclusive use of the U.S. Navy. No EDITORIAL NOTE: For FEDERAL REGISTER ci- person, vessel, craft, article or thing tations affecting § 334.1250, see the List of shall enter the area without permission CFR Sections Affected, which appears in the Finding Aids section of the printed volume from the enforcing agency. The restric- and at www.fdsys.gov. tion shall apply during periods when ship loading and/or pier operations pre- § 334.1260 Dabob Bay, Whitney Point; clude safe entry. The periods will be naval restricted area. identified by flying a red flag from the (a) Dabob Bay, Whitney Point, naval ship and/or pier. restricted area—(1) The area. Beginning (c) Enforcement. The regulation in at the high water line along the west- this section shall be enforced by Com- erly shore of Dabob Bay, 100 yards mander, Navy Region Northwest and northerly of the Naval control building such agencies and persons as he/she located at approximately N. latitude shall designate. 47°45′36″ and W. longitude 122°51′00″, [73 FR 78634, Dec. 23, 2008] thence S. 89°59′ E. 2000 yards, thence to S. 00°01′ W. 200 yards, thence N. 89°59′ § 334.1275 West Arm Behm Canal, W. approximately 2000 yards to the Ketchikan, Alaska, restricted areas. high water line 100 yards southerly of (a) The area—Area No. 1. The waters the control building. of Behm Canal bounded by a circle 2,000 (2) The regulations. (i) No vessel shall, yards in diameter, centered on 55°36′ N at any time, anchor or tow a drag of latitude, 131°49.2′ W longitude. any kind in this area. Area No. 2. The waters of Behm Canal (ii) The regulations in this paragraph bounded by a circle 2,000 yards in di- shall be enforced by the Commander, ameter, centered at 55°34′ N latitude, Naval Base, Seattle, or his/her author- 131°48′ W longitude. ized representative. Area No. 3. The waters of Behm Canal (b) [Reserved] excluding those areas designated as [26 FR 11203, Nov. 28, 1961. Redesignated at 50 areas Nos. 1 and 2 above, bounded by an FR 42696, Oct. 22, 1985] irregular polygon beginning at the shoreline on Back Island near 55°32.63′ EDITORIAL NOTE: For FEDERAL REGISTER ci- N latitude, 131°45.18′ W longitude, then tations affecting § 334.1260, see the List of ° ° ′ CFR Sections Affected, which appears in the bearing about 350 T to 55 38.06 N lati- Finding Aids section of the printed volume tude, 131°46.75′ W longitude then bear- and at www.fdsys.gov. ing about 300° T to 55°38.52′ N latitude, 131°48.15′ W longitude, then bearing § 334.1270 Port Townsend, Indian Is- about 203° T to 55°33.59′ N latitude, land, Walan Point; naval restricted 131°51.54′ W longitude, then bearing area. about 112° T to the intersection of the (a) The area. The waters of Port shoreline at Back Island near 55°32.53′ Townsend Bay bounded by a line com- N latitude, 131°45.77′ W longitude, then mencing on the north shore of Walan northeast along the shoreline to the Point at latitude 48°04′42″ North, lon- point of beginning. gitude 122°44′30″ West (Point A); thence Area No. 4. The waters of Clover Pas- to latitude 48°04′50″ North, longitude sage bounded by an irregular polygon 122°44′38″ West (Point B); thence to lati- beginning at the shoreline on Back Is- tude 48°04′52″ North, longitude 122°44′57″ land near 55 32.63′ N latitude, 131°45.18′ West (Point C); thence to latitude W longitude, then bearing 150° T. to the

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intersection of the shoreline on within 100 yards of the shore of Back Revillagegedo Island near 55°30.64′ N Island except within 100 yards of each latitude, 131°43.64′ W longitude, then side of the area where electrical and southwest along the shoreline to near other cables are brought ashore. The 55°30.51′ N latitude, 131°43.88′W lon- termination location of the cables on gitude, then bearing 330° T to the inter- the land is marked with a warning sign section of the shoreline on Back Island that is visible from the water. near 55°32.16′ N. latitude, 131°45.20′ W (4) Area No. 4. Due to the presence of longitude, and from there northeast communication and power cables cross- along the shoreline to the point of being from Revillagegedo Island to Back ginning. Island no anchoring or towing of a drag Area No. 5. The waters of Behm Canal is allowed. Anchoring is allowed within bounded to the north by a line starting 100 yards of the shore of Back Island from Point Francis on the Cleveland except within 100 yards of each side of Peninsula to Escape Point on the area where the cables are brought Revillagegedo Island then south along ashore. The termination location of the the shoreline to Indian Point, then cables on the land is marked with a south to the Grant Island Light at warning sign that is visible from the 55°33.3′ N latitude, 131°43.62′ W lon- water. ° gitude then bearing 218 T. to the south (5) Area No. 5. (i) The area will be end of Back Island and continuing to open unless the Navy is actually con- the intersection of the shoreline on ducting operations. To ensure safe and ° ′ Betton Island at about 55 31.55 N lati- timely passage through the restricted ° ′ tude, 131 45.98 W longitude, then north area vessel operators are required to along the shoreline of Betton Island to notify the Range Operations Officer of the western side below Betton Head at their expected time of arrival, speed about 55°30.83′ N latitude, 131°50′ W lon- and intentions. For vessels not gitude, then bearing 283° T. across equipped with radio equipment, the Behm Canal to the intersection of Navy shall signal with flashing beacon shoreline near the point which forms lights whether passage is prohibited the southeast entrance of Bond Bay at and when it is safe to pass through the about 55°31.60′ N latitude, 131°56.58′ W area. A flashing green beacon indicates longitude, then northeast to Helm that vessels may proceed through the Point on the Cleveland Peninsula, then area. A flashing red beacon means that northeast along the shoreline to the the area is closed to all vessels and to point of beginning at Point Francis. await a green clear signal. Each clo- (b) The regulations—(1) Area No. 1. Vessels are allowed to transit the area sure of the area by the Navy will nor- at any time. No vessel may anchor mally not exceed 20 minutes. within the restricted area or tow a (ii) Small craft may operate within drag of any kind, deploy a net or dump 500 yards of the shoreline at speeds no any material within the area. greater than 5 knots in accordance (2) Area No. 2. Vessels are allowed to with the restrictions in effect in area transit the area at any time. No vessel No. 3. may anchor within the restricted area (iii) During the period May 1 through or tow a drag of any kind, deploy a net September 15 annually, the Navy will or dump any material within the area. only conduct acoustic measurement Vessels are also prohibited from moor- tests which will result in transitory re- ing or tying up to, loitering alongside strictions in Area #5 for a total of no or in the immediate vicinity of naval more than 15 days. equipment and barges in the restricted (iv) Transitory restrictions in Area area. #5 will not be enforced during daylight (3) Area No. 3. Vessels are allowed to hours when Navy testing coincides transit the area at any time. Due to with pre-scheduled special events in the presence of underwater cables and Behm Canal. Special events are defined instrumentation, anchoring is prohib- as summer holidays or celebrations, ited and the towing of a drag or any ob- competitions, or economic endeavors ject within 100 feet of the bottom is scheduled by an agency or organiza- also prohibited. Anchoring is allowed tion, and typically occurring every

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year for the utilization of natural re- the firing shall be advertised in ad- sources of Behm Canal. Special events vance of each session of firing. include commercial emergency seine (3) Prior to conducting each practice fishery openings from July 25 through firing, the danger zone shall be pa- September 15, historic salmon derbies trolled by aircraft to note the location lasting eight days or less, Memorial of all vessels within the area. The prac- Day, Labor Day, Independence Day or tice firing exercise shall be conducted any nationally recognized three day in the portion of the danger zone not weekend to celebrate these holidays. occupied by surface craft. (v) Public notification that the Navy (4) This section shall be enforced by will be conducting operations in Behm the Commander, Alaskan Air Com- Canal will be given at least 72 hours in mand, U.S. Air Force, Seattle, Wash- advance to the following Ketchikan ington, or such agencies as he may des- contacts: U.S. Coast Guard, Ketchikan ignate. Gateway Borough Planning Depart- ment, Harbor Master, Alaska Depart- [29 FR 5947, May 6, 1964, as amended at 36 FR ment of Fish and Game, KRBD Radio, 6422, Apr. 3, 1971. Redesignated at 50 FR 42696, Oct. 22, 1985] KTKN Radio, and the Ketchikan Daily News. § 334.1290 In Bering Sea, Shemya Is- (c) Vessels will be allowed to transit land Area, Alaska; meteorological Restricted Area #5 within 20 minutes of rocket launching facility, Alaskan marine radio or telephone notification Air Command, U.S. Air Force. to the Navy Range Operations Officer. (a) The danger zone. An arc of a circle (d) Enforcement. The regulations in with a 45-nautical-mile radius of the this section shall be enforced by the launch point centered at latitude Commander, David Taylor Research 52°43′30″ N., longitude 174°06′05″ E ex- Center and such agencies he/she may tending clockwise from 110° true bear- designate. ing to 200° true bearing. [55 FR 2586, Jan. 25, 1990, as amended at 55 (b) The regulation. (1) Rockets will FR 10237, Mar. 20, 1990; 58 FR 6718, Feb. 2, normally be launched one each day 1993] Monday through Friday between 9 a.m. and 3 p.m. Rocket hardware will dis- § 334.1280 Bristol Bay, Alaska; air-to- charge into the sea 22.5 to 37.5 nautical air weapon range, Alaskan Air Com- mand, U.S. Air Force. miles off the launchsite. The instrument package with parachute will im- (a) The danger zone. An area in Bris- pact about 11⁄2 hours later at an unde- ° ′ tol Bay beginning at latitude 58 24 N., termined area, depending on weather ° ′ longitude 159 10 W.; thence to latitude conditions. ° ′ ° ′ 57 58 N., longitude 158 30 W.; thence to (2) All mariners entering the area ° ′ ° ′ latitude 57 07 N., longitude 160 20 W.; will do so at their own risk and are ° ′ thence to latitude 58 02 N., longitude cautioned to take evasive action as ° ′ 161 40 W.; and thence to the point of necessary. beginning. (3) The regulation in this section (b) The regulations. (1) Intermittent shall be enforced by the Department of firing will be conducted over two to the Air Force, Headquarters 6th Weath- three day periods about 2 hours a day er Wing (MAC), Andrews Air Force between the hours of 10:00 a.m. and 4:00 Base, Washington, D.C. 20331. p.m. during the months of May through August. (40 Stat. 266 (33 U.S.C. 1)) (2) The fact that practice firing is to [36 FR 19079, Sept. 28, 1971, as amended at 42 take place over the designated area FR 46520, Sept. 16, 1977. Redesignated at 50 shall be advertised to the public 72 FR 42696, Oct. 22, 1985] hours in advance through the usual media for the dissemination of such in- § 334.1300 Blying Sound area, Gulf of formation. Notice to the U.S. Coast Alaska, Alaska; air-to-air gunnery Guard and NOTAM shall be issued at practice area, Alaskan Air Com- least 48 hours before firing is to be con- mand, U.S. Air Force. ducted on the range. Information as to (a) The danger zone. A rhomboidal the dates, time, and characteristics of area beginning at latitude 59°51′30″ N.,

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longitude 148°42′00″ W.; thence to lati- (2) Dry Cargo dock mooring area. (i) tude 59°22′30″ N., longitude 147°00′00″ W.; The waters within 60 feet off the face of thence to latitude 58°52′00″ N., lon- the dock. gitude 148°03′00″ W.; thence to latitude (b) The regulations. (1) No person, ves- 59°20′00″ N., longitude 149°45′00″ W., and sel or other watercraft shall enter or thence to point of beginning. remain in the Army POL dock re- (b) The regulations. (1) 20-mm. cannon stricted area when tankers are engaged will be fired at towed targets in the air. in discharging oil at the dock. One firing mission will be conducted (2) The dropping and dragging of an- every 2 weeks during daylight hours chors, weights, or other ground tackle only and weather permitting. within the Dry Cargo dock mooring (2) The fact that practice firing is to area is prohibited. take place over the designated area (3) The regulations in this section shall be advertised to the public 7 days shall be enforced by the District Engi- in advance through the usual media for neer, U.S. Army Engineer District, An- the dissemination of such information. chorage, Alaska, and such agencies as Notice to the U.S. Coast Guard and he may designate. NOTAM shall be issued at least 48 [33 FR 7723, May 25, 1968. Redesignated at 50 hours before firing is to be conducted FR 42696, Oct. 22, 1985, as amended at 62 FR on the range. Information as to the 17559, Apr. 10, 1997] dates, time, and characteristics of the firing shall be advertised in advance of § 334.1320 Kuluk Bay, Adak, Alaska; each session of firing. naval restricted area. (3) Prior to conducting each practice (a) The area. The northwest portion firing, the danger zone shall be pa- of Kuluk Bay bounded as follows: Be- trolled by aircraft to note the location ginning on shore at latitude 51°55′00″ N, of all vessels within the area. The prac- longitude 176°33′09″ W; thence due east tice firing exercise shall be conducted to latitude 51°55′00″ N, longitude in the portion of the danger zone not 176°33′09″ W; thence due south to lati- occupied by surface craft. tude 51°51′55″ N longitude 176°31′09″ W; (4) The regulations in this section thence due west to the shore at lati- ° ′ ″ ° ′ ″ shall be enforced by the Commander, tude 51 51 00 N, longitude 176 37 43 W; Alaskan Air Command, U.S. Air Force, thence along the shoreline to the point Anchorage, Alaska, or such agencies as of beginning. he may designate. (b) The regulations. (1) Except in great emergency, no vessel shall anchor in (Sec. 7, 40 Stat. 266; 33 U.S.C. 1) the restricted area described above. [37 FR 527, Jan. 13, 1972. Redesignated at 50 (2) The dragging of anchors in or FR 42696, Oct. 22, 1985] across the restricted area is prohibited and no object attached to a vessel shall § 334.1310 Lutak Inlet, Alaska; re- be placed on or near the bottom. stricted areas. (3) Fishing and trawling activities in (a) The areas—(1) Army POL dock re- the restricted area are prohibited. stricted area. (i) The waters of Lutak (4) The regulation of this restricted Inlet bounded as follows: Beginning at area shall be enforced by the Com- the water’s edge 900 feet northwest of mander, Patrol Wing, U.S. Pacific the centerline of the landward end of Fleet, Naval Air Station Moffett Field, the POL dock; thence 800 feet, 51° true; California, and such agencies and he/ thence 1,400 feet, 113° true; thence 450 she may designate. feet, 211° true to the water’s edge at a [58 FR 26046, Apr. 29, 1993] point approximately 720 feet from the most southwest corner of the seaward § 334.1325 United States Army Re- end of the POL dock; thence along the stricted Area, Kuluk Bay, Adak, water’s edge to the point of beginning. Alaska. (ii) The area will be marked at points (a) The area. The area within a radius approximately 200 feet apart along the 1,000 yards around the Sea Base Radar shore by white signs containing the mooring site in all directions from lati- word ‘‘Warning.’’ The signs will not be tude 51°53′05.4″ N, longitude 176°33′47.4″ lighted. W (NAD 83).

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(b) The regulation. (1) No vessel, per- miles having its center on Kaula Rock son, or other craft shall enter or re- at latitude 21°39′30″, longitude 160°32′30″. main in the restricted area except as (2) Submerged unexploded ordnance may be authorized by the enforcing danger zone, Kahoolawe Island, Hawaii. agency. The waters adjacent to Kahoolawe Is- (2) A ring of eight lighted and land within the area encompassed by marked navigation buoys marking the the following coordinates beginning at perimeter of the mooring anchor sys- latitude 20°37′30″, longitude 156°32′48″; tem will provide a visible distance ref- thence to latitude 20°34′48″, longitude erence at a radius of approximately 800 156°30′24″; thence to latitude 20°28′54″, yards from latitude 51°53′05.4″ N, lon- longitude 156°30′30″; thence to latitude gitude 176°33′47.4″ W (NAD 83). Each 20°28′06″, longitude 156°41′48″; thence to buoy has a white light, flashing at 3 latitude 20°30′30″, longitude 156°44′12″; second intervals with a 2 nautical mile thence to latitude 20°33′12″, longitude range. Vessels, persons or other craft 156°44′30″; thence to latitude 20°37′30″, must stay at least 200 yards outside the longitude 156°36′24″; thence to the be- buoys. ginning coordinates. (3) The regulation in this section (b) The regulations. No person, vessel shall be enforced by personnel attached or other craft shall enter or remain in to the Missile Defense Agency and/or any of the areas at any time except as by such other agencies as the Director, authorized by the enforcing agency. MDA–AK, Fort Richardson, Alaska, (c) Enforcing agency. The regulations may designate. in this section shall be enforced by [72 FR 65669, Nov. 23, 2007] Commander, Naval Base, Pearl Harbor, Hawaii 96860–5020, and such agencies as § 334.1330 Bering Strait, Alaska; naval he/she may designated. restricted area off Cape Prince of Wales. [20 FR 4129, June 11, 1955, as amended at 25 FR 4749, May 28, 1960; 31 FR 14255, Nov. 4, (a) The area. An area 2,000 feet wide 1966; 45 FR 57126, Aug. 27, 1980. Redesignated extending from a point on Cape Prince at 50 FR 42696, Oct. 22, 1985, and amended at of Wales marked by a triangular cable 58 FR 53427, Oct. 15, 1993; 61 FR 34733, July 3, marker located approximately midway 1996; 62 FR 17559, Apr. 10, 1997] between the village of Wales and Cape Prince of Wales Light to a point four § 334.1350 Pacific Ocean, Island of statute miles due west of the cable Oahu, Hawaii; danger zone. marker with the axis of the area pass- (a) The danger zone. Beginning at ing through the two points. point of origin at Kaena Point Light in (b) The regulations. (1) No vessel shall latitude 21°34′42″ N., longitude 158°16′54″ anchor in the restricted area described W.; thence on a bearing of 282°30′ True in paragraph (a) of this section. to latitude 21°38′ N., longitude 158°33′ (2) Dragging of anchors in or across W.; thence along the arc of a circle cen- the restricted area is prohibited and no tered at Kaena Point Light to latitude object attached to a vessel shall be 21°42′30″ N., longitude 158°03′ W.; thence placed on or near the bottom. on a bearing of 228° true to latitude (3) The regulations in this section 21°35′33″ N., longitude 158°11′30″ W.; shall be enforced by the Commander, thence to point of origin. Third Fleet, Pearl Harbor, Hawaii and (b) The regulations. (1) The area will such agencies as he may designate. be closed to the public and all shipping [18 FR 8117, Dec. 10, 1953, as amended at 33 on specific dates to be designated for FR 5875, Apr. 17, 1968; 42 FR 58519, Nov. 10, actual firing and no person, vessel or 1977. Redesignated at 50 FR 42696, Oct. 22, other craft shall enter or remain in the 1985] area during the times designated for firing except as may be authorized by § 334.1340 Pacific Ocean, Hawaii; dan- the enforcing agency. Notification to ger zones. maritime interests of specific dates of (a) Danger zones—(1) Aerial bombing firing will be disseminated through the and strafing target surrounding Kaula U.S. Coast Guard media of the Local Rock, Hawaii. The waters within a cir- Notice to Mariners and the NOTAMS cular area with a radius of three (3) published by the Corps of Engineers.

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On dates not specified for firing, the Officer, Explosive Ordnance Disposal area will be open to normal maritime Training and Evaluation Unit One, traffic. Barbers Point, Hawaii 96862–5600. (2) The regulations of this section [31 FR 12437, Sept. 20, 1966, as amended at 45 shall be enforced by the Commanding FR 57126, Aug. 27, 1980. Redesignated at 50 FR General, U.S. Army, Hawaii/25th Infan- 42696, Oct. 22, 1985, and amended at 58 FR try Division, APO 957, and such agen- 53427, Oct. 15, 1993] cies as he may designate. § 334.1380 Marine Corps Base Hawaii [24 FR 5999, July 28, 1959. Redesignated at 50 (MCBH), Kaneohe Bay, Island of FR 42696, Oct. 22, 1985, as amended at 62 FR Oahu, Hawaii—Ulupau Crater 17559, Apr. 10, 1997] Weapons Training Range; danger zone. § 334.1360 Pacific Ocean at Barber’s Point, Island of Oahu, Hawaii; dan- (a) The danger zone. The area within ger zone. a sector extending seaward a distance (a) The danger zone. The waters with- of 3.8 nautical miles between radial lines bearing 357.1° true and 124.9° true, in a rectangular area beginning at a respectively, from a starting point on point in latitude 21°17′56″ N., longitude Mokapu Peninsula at latitude 158°05′21″ W., thence to latitude 21°17′30″ 21°27′11.84″ N, longitude 157°43′53.83″ W, N., longitude 158°05′21″ W.; thence to and overlapping the existing 500-yard latitude 21°17′58″ N., longitude 158°02′49″ wide prohibited area. The danger zone W., thence to latitude 21°18′24″ N., lon- is defined as a pie-shaped area bounded gitude 158°02′49″ W.; thence along the by the landward starting point on shoreline at the highwater mark along Mokapu Peninsula and the three sea- the southerly boundary of Naval Air ward points forming an arc with a 3.8 Station, Barber’s Point, to the point of nautical-mile radius at its center beginning. (Point B) with a radial line bearing (b) The regulations. (1) The area is 56.9° true. The three seaward points closed to all surface craft, swimmers, have the following coordinates: divers and fishermen except to craft ° ′ ″ and personnel authorized by the enforc- Point A: Latitude 21 30 59.66 N, Longitude 157°44′05.97″ W ing agency. Point B: Latitude 21°29′16.58″ N, Longitude (2) The regulations in this section 157°40′30.19″ W shall be enforced by the Commanding Point C: Latitude 21°25′01.79″ N, Longitude Officer, Naval Air Station, Barber’s 157°40′33.70″ W Point, Hawaii, 96862, and such agencies (b) The regulations. (1) Weapons firing as he/she may designate. at the Ulupau Crater Weapons Training [31 FR 8129, June 9, 1966, as amended at 45 FR Range may occur at any time between 57126, Aug. 27, 1980. Redesignated at 50 FR 6 a.m. and 11 p.m., Monday through 42696, Oct. 22, 1985] Sunday. Specific dates and hours for weapons firing, along with information § 334.1370 Pacific Ocean at Keahi regarding onshore warning signals, will Point, Island of Oahu, Hawaii; dan- be promulgated by the U.S. Coast ger zone. Guard’s Local Notice to Mariners. In- (a) The danger zone. The waters with- formation on weapons firing schedules in an area beginning at a point in lati- may also be obtained by calling the tude 21°18′21.4″ N., longitude 157°59′14.2″ MCBH Range Manager, AC/S G–3 (tele- W.; thence to latitude 21°18′11″ N., lon- phone number 808–257–8816/17). gitude 158°00′17.5″ W.; thence to latitude (2) Whenever live firing is in progress 21°17′11.8″ N., longitude 158°00′06.5″ W.; during daylight hours, two large red and thence to latitude 21°17′22.5″ N., triangular warning pennants will be longitude 157°59′03.1″ W. flown at each of two highly visible and (b) The regulations. (1) The area is widely separated locations on the shore closed to all surface craft, swimmers, at Ulupau Crater. divers, and fishermen except to craft (3) Whenever any weapons firing is and personnel authorized by the enforc- scheduled and in progress during peri- ing agency. ods of darkness, flashing red warning (2) The regulations in this section beacons will be displayed on the shore shall be enforced by the Commanding at Ulupau Crater.

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(4) Boaters will have complete access 300 feet (one pole 95.5 feet northwest to the danger zone whenever there is and the other pole 334.5 feet southeast no weapons firing scheduled, which will of this point) along a line bearing be indicated by the absence of any 327°10′ True. warning flags, pennants, or beacons (2) Range markers at the control displayed ashore. point at latitude 22°02′44.5″ N., lon- (5) The danger zone is not considered gitude 159°47′16.4″ W., are separated 300 safe for boaters whenever weapons fir- feet (one pole 75 feet west and the other ing is in progress. Boaters shall expedi- pole 225 feet east of this point) along a tiously vacate the danger zone at best line bearing 266°20′ True. speed and by the most direct route (3) The range marker poles seaward whenever weapons firing is scheduled. from each control point are 25 feet in Passage of vessels through the danger height above ground level. The other zone when weapons firing is in progress two poles are 45 feet above ground will be permitted, but boaters shall level. proceed directly through the area at (4) Each range marker consists of a best speed. Weapons firing will be sus- 10-foot equilateral triangle with alter- pended as long as there is a vessel in nate red and white diagonal stripes. the danger zone. Whenever a boater (c) The regulations. Entry into the disregards the publicized warning sig- area by any person, boat, vessel or nals that hazardous weapons firing is other craft is prohibited at all times. scheduled, the boater will be personally Special permission for transit through requested to expeditiously vacate the the area by the most direct route may danger zone by MCBH Kaneohe Bay be obtainable on an individual basis, by military personnel utilizing by hailing prior arrangement with the Com- the vessel on VHF channel 16 or con- manding Officer, Pacific Missile Range tacting directly by U.S. Navy surface Facility, Hawaiian Area, Barking craft. Sands, Kauai, Hawaii. (6) Observation posts will be manned whenever any weapons firing is sched- [34 FR 7575, May 10, 1969. Redesignated at 50 uled and in progress. Visibility will be FR 42696, Oct. 22, 1985] sufficient to maintain visual surveillance of the entire danger zone and for § 334.1400 Pacific Ocean, at Barbers Point, Island of Oahu, Hawaii; re- an additional distance of 5 miles in all stricted area. directions whenever weapons firing is in progress. (a) The area. That portion of the Pa- (c) The enforcing agency. The regula- cific Ocean lying offshore of Oahu be- tions shall be enforced by the Com- tween Ewa Beach and Barbers Point, manding Officer, MCB Hawaii, Kaneohe basically outlined as follows: Bay and such agencies as he/she may Station Latitude Longitude designate. A (shoreline) 21°18′06″ 158°04′24″ [74 FR 58848, Nov. 16, 2009] B 21°17′00″ 158°03′30″ C 21°15′00″ 158°03′18″ § 334.1390 Pacific Ocean at Barking D 21°15′36″ 158°01′06″ Sands, Island of Kauai, Hawaii; mis- E (shoreline) 21°18′30″ 158°02′00″ sile range facility. (a) The danger zone. The waters with- (b) The regulations. (1) Vessels shall in an area beginning at latitude not anchor within the area at any 22°03′15″ N., longitude 159°47′15″ W.; time. thence southerly along the shoreline to (2) Dredging, dragging, seining, or latitude 22°02′45″ N., longitude 159°47′18″ other fishing operations which might W.; thence westerly to latitude 22°02′30″ foul underwater installations within N., longitude 159°51′30″ W.; thence the area are prohibited. northeasterly to latitude 22°06′30″ N., (3) Use of the restricted area for boat- longitude 159°49′30″ W.; and thence ing, fishing (except as prohibited in southeasterly to point of beginning. paragraph (b)(2) of this section) and (b) Markers. (1) Range markers at the other surface activities is authorized. control point at latitude 22°03′17.4″ N., (4) The regulations in this section longitude 159°47′12.2″ W., are separated shall be enforced by the Officer in

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Charge, Fleet Area Control and Sur- § 334.1420 Pacific Ocean off Orote veillance Facility, Pearl Harbor, Ha- Point, Apra Harbor, Island of waii 96860–7625, and such agencies as he/ Guam, Marianas Islands; small arms she may designate. firing range. (a) The danger zone. The waters with- (Sec. 3012, 70A Stat. 157; 10 U.S.C. 3012) in an area delineated by a line joining [36 FR 14186, July 31, 1971, as amended at 45 the following positions: FR 57126, Aug. 27, 1980. Redesignated at 50 FR 42696, Oct. 22, 1985, and amended at 58 FR Latitude Longitude 53427, Oct. 15, 1993] 13°26′03.9″ 144°37′38.3″ 13°25′26.0″ 144°36′14.2″ § 334.1410 Pacific Ocean, at Makapuu 13°24′51.2″ 144°36′31.9″ Point, Waimanalo, Island of Oahu, 13°25′28.7″ 144°37′59.1″ Hawaii, Makai Undersea Test 13°25′43.2″ 144°38′09.5″ Range. (a) The restricted area. The waters (b) The regulations. (1) The danger zone shall be closed to the public and within an area beginning at a point in shipping on specific dates to be des- latitude 21°18′50″ N., longitude 157°39′07″ ° ′ ″ ignated for actual firing and no person, W.; thence to latitude 21 20 33 N., lon- vessel or other craft shall enter or re- ° ′ ″ gitude 157 38 00 W.; thence to latitude main in the danger zone designated for ° ′ ″ ° ′ ″ 21 22 02 N., longitude 157 39 07 W.; and firing except as may be authorized by thence to latitude 21°19′35″ N., lon- the enforcing agency. Notification to gitude 157°40′46″ W. maritime interests of specific dates of (b) The regulations. (1) During critical firing will be disseminated by the en- testing phases of surface and sub- forcing agency. On dates not specified merged units, the operating officials of for firing, the danger zone shall be open the Makai Test Range will mark in a to normal maritime traffic. conspicuous manner the location of the (2) The regulations in this section equipment which might be subject to shall be enforced by the Commanding damage from navigation and fishing Officer, U.S. Naval Station, Guam, activities or might represent a hazard Marianas Islands and such agencies as to persons or property in the vicinity. he may designate. During the display of signals in the re- [28 FR 5377, May 30 1963. Redesignated at 50 stricted area, all persons and surface FR 42696, Oct. 22, 1985, as amended at 62 FR craft will remain away from the area 17559, Apr. 10, 1997] until such time as the signals are with- drawn. At all other times the area is § 334.1430 Apra Inner Harbor, Island open to unrestricted fishing, boating of Guam; restricted area. and general navigation. (a) The restricted area. The waters (2) Operating officers and personnel within Apra Inner Harbor and adjacent of the Makai Test Range will be re- waters of Apra Outer Harbor inclosed sponsible for marking in a conspicuous by a line beginning at the northeast ° ′ ″ manner the location of surface and un- corner of a pier at latitude 13 26 32.1 ° ′ ″ derwater equipment which is subject to N., longitude 144 39 02.8 E.; thence to the northern tip of a small island at damage from navigation and fishing latitude 13°26′40.2″ N., longitude activities in the vicinity or represents 144°39′28.1″ E., and thence to the north- a hazard to persons or property in the west corner of the point of land at lati- vicinity, and the location of the work tude 13°26′28.1″ N., longitude 144°39′52.5″ area during critical testing phases. E. Surface communication by boat will be (b) The regulations. (1) All swimmers provided by the Makai Test Range dur- and all vessels and craft except public ing testing phases. vessels of the United States are prohib- [34 FR 7964, May 21, 1969. Redesignated at 50 ited from entering this area without FR 42696, Oct. 22, 1985, as amended at 62 FR prior permission of the enforcing agen- 17559, Apr. 10, 1997; 62 FR 24034, May 2, 1997] cy. (2) The regulations in this section shall be enforced by Commander Naval

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Forces Marianas and such agencies as NOTE: The outer boundaries of the danger he may designate. zones will not be marked, but signs will be (3) The water areas of the outer posted along shore to warn against tres- boundaries of the restricted area will passing in the firing areas. not be marked but signs will be posted (b) The regulations. (1) The danger at the designated boundary coordinates zones shall be open to navigation at all to warn against trespassing in the re- times except when practice firing is stricted area. being conducted. When practice firing is being conducted, no person, vessel or [37 FR 8525, Apr. 28, 1972, as amended at 37 other craft except those engaged in FR 11058, June 2, 1972. Redesignated at 50 FR 42696, Oct. 22, 1985] towing targets or patrolling the area shall enter or remain within the danger § 334.1440 Pacific Ocean at Kwajalein zones: Provided, that any vessel pro- Atoll, Marshall Islands; missile test- pelled by mechanical power at a speed ing area. greater than five knots may proceed (a) The warning area. The waters through the Camp Totuguero artillery within a circular area with a radius of range at any time to and from points 200 nautical miles having its center at beyond, but not from one point to an- latitude 8°43′00″ N., longitude 167°43′00″ other in the danger zone between lati- E. Intermittent hazardous missile oper- tudes 18°31′ and 18°32′, at its regular ations will be conducted within the rate of speed without stopping or alter- area 24 hours daily, on a permanent ing its course, except when notified to basis. the contrary. (b) Advisory instructions. (1) Kwajalein (2) The fact that practice firing is to Test Site will coordinate safe passage take place over the designated area of surface shipping through the area. will be advertised to the public through (2) All ships are advised to contact the usual media for the dissemination Kwajalein Control (2716 KC for voice, of such information. Factual informa- 500 KC for CW initial contact, and 468 tion as to the dates, time, and charac- KC for CW working) before entering the teristics of the firing will be advertised area. in advance of each session of firing but [31 FR 9850, July 21, 1966. Redesignated at 50 in no case less than one week nor more FR 42696, Oct. 22, 1985] than four weeks before such firing is scheduled to take place. § 334.1450 Atlantic Ocean off north (3) Prior to conducting each practice coast of Puerto Rico; practice firing areas, U.S. Army Forces Antilles. firing, the entire danger zone will be patrolled by aircraft or surface vessels (a) The danger zones—(1) Westerly to insure that no watercraft are within small-arms range. The waters within the the danger zone. Any watercraft in the sector of a circle bounded by radii of vicinity will be warned that practice 10,000 yards bearing 279° and 315° re- firing is about to take place. Any such spectively, from latitude 18°28′31″, longitude 66°25′37″, and the included arc. watercraft shall, upon being so warned, leave the danger zone immediately and NOTE: All bearings in this section are referred to true meridian. shall not return until such practice (2) Camp Tortuguero artillery range. shall have been terminated and notifi- The waters within the quadrant of a cation to that effect shall have been circle bounded by radii of 20,000 yards given by the patrol craft, except that bearing 315° and 45°, respectively, from vessels proceeding on a regular course latitude 18°28′31″, longitude 66°25′37″, through the area will be allowed to and the included arc. proceed out of the area without warn- (3) Easterly small-arms range. The ing, and firing will not commence until waters within the sector of a circle such vessels are clear of the area. bounded by radii of 7,210 yards bearing (4) This section shall be enforced by 45° and 70°, respectively, from a point the Commanding General, U.S. Army on the southeast boundary of the artillery range 2,790 yards from its southerly end, and the included arc.

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Forces Antilles, and such agencies as § 334.1470 Caribbean Sea and Vieques he may designate. Sound, in vicinity of Eastern Vieques; bombing and gunnery tar- [14 FR 4552, July 21, 1949. Redesignated at 14 get area. FR 5593, Sept. 13, 1949, and amended at 15 FR 6758, Oct. 6, 1950. Redesignated at 50 FR 42696, (a) The danger zone. From Punta Oct. 22, 1985, as amended at 62 FR 17559, Apr. Conejo on the south coast of Vieques at 10, 1997; 62 FR 24034, May 2, 1997] latitude 18°06′30″, longitude 65°22′33″; thence to latitude 18°03′00″, longitude § 334.1460 Atlantic Ocean and Vieques 65°21′00″; thence to latitude 18°03′00″, Sound, in vicinity of Culebra Island; longitude 65°15′30″; thence to latitude bombing and gunnery target area. 18°11′30″, longitude 65°14′30″; thence to ° ′ ″ ° ′ ″ (a) The danger zone. From Punta latitude 18 12 00 , longitude 65 20 00 ; and thence to Cabellos Colorados on Resaca on the north coast of Culebra at ° ′ ″ ° ′ ″ the north coast of Vieques at latitude latitude 18 20 12 , longitude 65 17 29 to ° ′ ″ ° ′ ″ ° ′ ″ ° ′ ″ 18 09 49 , longitude 65 23 27 . latitude 18 25 07 , longitude 65 12 07 ; (b) Regulations. (1) It will be open to ° ′ ″ thence to latitude 18 26 31 , longitude navigation at all times except when ° ′ ″ ° ′ ″ 65 16 45 ; thence to latitude 18 23 00 , firing is being conducted. At such ° ′ ″ longitude 65 24 30 ; thence to the times, no persons or surface vessels, ex- charted position of nun buoy ‘‘2’’ at cept those patrolling the area, shall latitude 18°20′19″, longitude 65°24′51″; enter or remain within the danger thence to latitude 18°18′47″, longitude area. Prior to conducting each firing or 65°24′35″; thence to latitude 18°15′30″, dropping of ordnance the danger area longitude 65°21′30″; thence to a point on will be patrolled to insure that no the southeast coast of Cayo de Luis watercraft are within the danger area. Pena at latitude 18°17′51″, longitude Any watercraft in the vicinity will be 65°19′41″; and thence to Punta warned that practice firing is about to Tamarindo on the west coast of take place and advised to vacate the Culebra at latitude 18°19′12″ longitude area. 65°19′22″. (2) The regulations will be enforced (b) The regulations. (1) The danger by the Commander, U.S. Naval Forces zone is subject to use as a target area Caribbean, U.S. Naval Station, Roo- for bombing and gunnery practice. It sevelt Roads, Puerto Rico, and such will be open to navigation at all times agencies and subordinate commands as except when firing is being conducted. he/she may designate. At such times, no person or surface (Sec. 7, 40 Stat. 266, (33 U.S.C. 1)) vessels, except those patrolling the [39 FR 27133, July 25, 1974, as amended at 46 area, shall enter or remain within the FR 29935, June 4, 1981. Redesignated at 50 FR danger area. Prior to conducting each 42696, Oct. 22, 1985, as amended at 62 FR 17559, firing or dropping of ordnance the dan- Apr. 10, 1997] ger area will be patrolled to insure that no watercraft are within the danger § 334.1480 Vieques Passage and Atlan- area. Any watercraft in the vicinity tic Ocean, off east coast of Puerto will be warned that practice firing is Rico and coast of Vieques Island; naval restricted areas. about to take place and advised to vacate the area. (a) The restricted areas. (1) A strip, (2) The regulations in this section 1,500 yards wide, off the naval reserva- shall be enforced by the Commander, tion shoreline along the east coast of Caribbean Sea Frontier, San Juan, Puerto Rico extending from Point Puerto Rico, and such agencies as he Figuera south to Point Puerca, and thence west to Point Cascajo and the may designate. mouth of the Daguada River. (Sec. 7, 40 Stat. 266, (33 U.S.C. 1)) (2) A strip, 1,500 yards wide, off the naval reservation shoreline along the [13 FR 9530, Dec. 31, 1948. Redesignated at 14 FR 4904, Aug. 9, 1949, and amended at 28 FR west end of Vieques Island extending 349, Jan. 12, 1963; 39 FR 27133, July 25, 1974; 44 from Caballo Point on the north shore, FR 69298, Dec. 3, 1979. Redesignated at 50 FR west around the breakwater to Point 42696, Oct. 22, 1985, as amended at 62 FR 17559, Arenas, and thence south and east to a Apr. 10, 1997] point on the shoreline one mile east of

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the site of the abandoned central at Facility, Roosevelt Roads, P.R., and Playa Grande. such agencies as he may designate. (3) A strip, 1,500 yards wide, off the [34 FR 19030, Nov. 29, 1969. Redesignated at 50 south coast of Vieques Island extending FR 42696, Oct. 22, 1985] from the entrance to Port Mosquito east to Conejo Point. PART 335—OPERATION AND MAIN- (4) An area inclosed by an arc with a TENANCE OF ARMY CORPS OF radius of 3,000 yards centered on Cabras ENGINEERS CIVIL WORKS Island Lighthouse and extending from PROJECTS INVOLVING THE DIS- Point Puerca to Point Cascajo. CHARGE OF DREDGED OR FILL (b) The regulations. No person or ves- MATERIAL INTO WATERS OF THE sel shall enter or remain within the restricted areas at any time unless on of- U.S. OR OCEAN WATERS ficial business. Fishing vessels are per- Sec. mitted to anchor in Playa Blanca, 335.1 Purpose. passing through the restricted area de- 335.2 Authority. scribed in paragraph (a)(1) of this sec- 335.3 Applicability. tion, to and from anchorage on as near 335.4 Policy. a north-south course as sailing condi- 335.5 Applicable laws. 335.6 Related laws and Executive Orders. tions permit. Under no conditions will 335.7 Definitions. swimming, diving, snorkeling, other water related activities or fishing, be AUTHORITY: 33 U.S.C. 1344; 33 U.S.C. 1413. permitted in the restricted area. SOURCE: 53 FR 14911, Apr. 26, 1988, unless otherwise noted. [13 FR 9564, Dec. 31, 1948. Redesignated at 50 FR 42696, Oct. 22, 1985, as amended at 62 FR § 335.1 Purpose. 17559, Apr. 10, 1997] This regulation prescribes the practices and procedures to be followed by § 334.1490 Caribbean Sea, at St. Croix, V.I.; restricted areas. the Corps of Engineers to ensure compliance with the specific statutes gov- (a) The areas—(1) Area ‘‘A’’. A tri- erning Army Civil Works operations angular area bounded by the following and maintenance projects involving the coordinates: discharge of dredged or fill material into waters of the U.S. or the transpor- Latitude Longitude tation of dredged material for the pur- 17°44′42″ N. 64°54′18″ W. pose of disposal into ocean waters. 17°43′06″ N. 64°54′18″ W. These practices and procedures should 17°44′30″ N. 64°53′30″ W. be employed throughout the decision/ management process concerning meth- (2) Area ‘‘B’’. A rectangular area odologies and alternatives to be used to bounded by the following coordinates: ensure prudent operation and maintenance activities. Latitude Longitude

17°41′42″ N. 64°54′00″ W. § 335.2 Authority. 17°41′42″ N. 64°54′18″ W. Under authority delegated from the 17°41′18″ N. 64°54′00″ W. Secretary of the Army and in accord- ° ′ ″ ° ′ ″ 17 41 18 N. 64 54 18 W. ance with section 404 of the Clean Water Act of 1977 (CWA) and section 103 (b) The regulations. (1) Anchoring in of the Marine Protection, Research, the restricted areas is prohibited with and Sanctuaries Act of 1972, herein- the exception of U.S. Government after referred to as the Ocean Dumping owned vessels and private vessels that Act (ODA), the Corps of Engineers reg- have been specifically authorized to do ulates the discharge of dredged or fill so by the Commanding Officer, Atlan- material into waters of the United tic Fleet Range Support Facility. States and the transportation of (2) The regulations in this paragraph dredged material for the purpose of dis- shall be enforced by the Commanding posal into ocean waters. Section 404 of Officer, Atlantic Fleet Range Support the CWA requires public notice with

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