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(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 miti- gation plan must address the financial PART 334—DANGER ZONE AND arrangements and timing of any nec- RESTRICTED AREA REGULATIONS essary transfer of long-term manage- ment 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 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, 334.80 Narragansett Bay, RI; restricted area. Va.; U.S. Army restricted area. 334.81 Narragansett Bay, East Passage, 334.260 York River, Va.; naval restricted Coddington Cove, Naval Station New- areas. port, naval restricted area, Newport, 334.270 York River adjacent to Cheatham Rhode Island. Annex Depot, Naval Supply Center, Wil- 334.82 Narragansett Bay, East Passage, liamsburg, Va.; restricted area. Coasters Harbor Island, Naval Station 334.275 North and Southwest Branch, Back Newport, Newport, Rhode Island, re- River, Hampton, U.S. Air Force Base, stricted area. Langley, Va.; restricted area. 334.85 New York Harbor, adjacent to the 334.280 James River, Skiffes Creek and War- Stapleton Naval Station, Staten Island, wick River surrounding Joint Base Lang- New York; restricted area. ley-Eustis, ; restricted areas and 334.100 Atlantic Ocean off Cape May, N.J.; danger zones. Coast Guard Rifle Range. 334.285 York River and the Naval Weapons 334.102 Sandy Hook Bay, Naval Weapons Station Yorktown-Cheatham Annex, Station EARLE, Piers and Terminal Yorktown, Virginia; danger zone. Channel, restricted area, Middletown, 334.290 Elizabeth River, Southern Branch, New Jersey. Va.; naval restricted areas. 334.110 Delaware Bay off Cape Henlopen, 334.293 Elizabeth River, Craney Island Re- Del.; naval restricted area. fueling Pier Restricted Area, Portsmouth 334.120 Delaware Bay off Milford Neck; VA; naval restricted area. naval aircraft bombing target area. 334.300 Hampton Roads and Willoughby 334.130 Atlantic Ocean off Wallops Island Bay, Norfolk Naval Base, naval re- and Chincoteague Inlet, Va.; danger zone. stricted area, Norfolk, Virginia. 334.140 Chesapeake Bay; U.S. Army Proving 334.305 Little Creek Harbor, Fisherman’s Ground Reservation, Aberdeen, Md. Cove, Joint Expeditionary Base Little 334.145 Curtis Creek and Arundel Cove, U.S. Creek-Fort Story, Little Creek, Virginia, Coast Guard Yard, Baltimore; restricted Restricted Areas. area. 334.310 Chesapeake Bay, Lynnhaven Roads; 334.150 Severn River at Annapolis, Md.; ex- navy amphibious training area. perimental test area, U.S. Navy Marine 334.320 Chesapeake Bay entrance; naval re- Engineering Laboratory. stricted area. 334.155 Severn River, Naval Station Annap- 334.330 Atlantic Ocean and connecting wa- olis, Small Boat Basin, Annapolis, MD; ters in vicinity of Myrtle Island, Va.; Air naval restricted area. Force practice bombing, rocket firing, 334.160 Severn River, at U.S. Naval Acad- and gunnery range. emy Santee Basin, Annapolis, Md.; naval 334.340 Chesapeake Bay off Plumtree Island, restricted area. Hampton, Va.; Air Force precision test 334.170 Chesapeake Bay, in the vicinity of area. Chesapeake Beach, Md.; firing range, 334.350 Chesapeake Bay off Fort Monroe, Naval Research Laboratory. Va.; firing range danger zone. 334.180 Patuxent River, Md.; restricted 334.360 Chesapeake Bay off Fort Monroe, areas, U.S. Naval Air Test Center, Patux- Virginia; restricted area, U.S. Naval Base ent River, Md. and Naval Surface Weapon Center. 334.190 Chesapeake Bay, in vicinity of 334.370 Chesapeake Bay, Lynnhaven Roads; Bloodsworth Island, MD, U.S. Navy. danger zones, U.S. Naval Amphibious 334.200 Chesapeake Bay, Point Lookout to Base. Cedar Point; aerial and surface firing 334.380 Atlantic Ocean south of entrance to range and target area, U.S. Naval Air Chesapeake Bay off Dam Neck, Virginia; Station, Patuxent River, Maryland, dan- naval firing range. ger zones. 334.390 Atlantic Ocean south of entrance to 334.210 Chesapeake Bay, in vicinity of Tan- Chesapeake Bay; firing range. gier Island; naval guided missiles test op- 334.400 Atlantic Ocean south of entrance to erations area. Chesapeake Bay off Camp Pendleton, 334.220 Chesapeake Bay, south of Tangier Is- Virginia; naval restricted area. land, Va.; naval firing range. 334.405 South of entrance to Chesapeake 334.230 Potomac River. Bay off Camp Pendleton, Virginia; firing 334.235 Potomac River, Marine Corps Base range. Quantico (MCB Quantico) in vicinity of 334.410 Albermarle Sound, Pamlico Sound, Marine Corps Air Facility (MCAF), re- and adjacent waters, N.C.; danger zones stricted area. for naval aircraft operations.

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334.412 Albemarle Sound, Pamilico Sound, Station, Brevard County, Fla.; danger Harvey Point and adjacent waters, NC; zone. restricted area. 334.605 Meloy Channel, U.S. Coast Guard 334.420 Pamlico Sound and adjacent waters, Base Miami Beach, Florida; restricted N.C.; danger zones for Marine Corps oper- area. ations. 334.610 Harbor, at U.S. Naval 334.430 Neuse River and tributaries at Ma- Base, Key West, Fla.; naval restricted rine Corps Air Station Cherry Point, areas and danger zone. ; restricted area and dan- 334.620 Straits of Florida and Florida Bay in ger zone. vicinity of Key West, Fla.; operational 334.440 New River, N.C., and vicinity; Ma- training area, aerial gunnery range, and rine Corps firing ranges. bombing and strafing target areas, Naval 334.450 Cape Fear River and tributaries at Air Station, Key West, Fla. Sunny Point Army Terminal, Brunswick 334.630 Tampa Bay south of MacDill Air County, NC; restricted area. Force Base, Fla.; small-arms firing range 334.460 Cooper River and tributaries at and aircraft jettison, U.S. Air Force, Charleston, SC. MacDill Air Force Base. 334.470 Cooper River and Charleston Harbor, 334.635 Hillsborough Bay and waters contig- S.C.; restricted areas. uous to MacDill Air Force Base, Fla.; re- 334.475 Brickyard Creek and tributaries and stricted area. the Broad River at Beaufort, SC. 334.640 Gulf of Mexico south of Apalachee 334.480 Archers Creek, Ribbon Creek, and Bay, Fla.; Air Force rocket firing range. Broad River; U.S. Marine Corps Recruit 334.650 Gulf of Mexico, south of St. George Depot, Parris Island, South Carolina; Island, Fla.; test firing range. danger zones. 334.660 Gulf of Mexico and Apalachicola Bay 334.490 Atlantic Ocean off Georgia Coast; south of Apalachicola, Fla., Drone Re- air-to-air and air-to-water gunnery and covery Area, Tyndall Air Force Base, bombing ranges for fighter and bombard- Fla. ment aircraft, U.S. Air Force. 334.665 East Bay, St. Andrew Bay and St. 334.500 St. Johns River, Atlantic Ocean, Andrew Sound, enhanced threat re- Sherman Creek; restricted areas and dan- stricted area, Tyndall Air Force Base, ger zone, Naval Station Mayport, Flor- Florida. ida. 334.670 Gulf of Mexico south and west of 334.505 St. Johns River, U.S. Coast Guard Apalachicola, San Blas, and St. Joseph Station Mayport, Sector Jacksonville, bays; air-to-air firing practice range, Florida; restricted area. Tyndall Air Force Base, Fla. 334.510 U.S. Navy Fuel Depot Pier, St. 334.680 Gulf of Mexico, southeast of St. An- Johns River, Jacksonville, Fla.; re- drew Bay East Entrance, small- arms fir- stricted area. ing range, Tyndall Air Force Base, Fla. 334.515 Blount Island Command and Marine 334.690 [Reserved] Corps Support Facility–Blount Island; 334.700 Choctawhatchee Bay, aerial gunnery Jacksonville, Florida restricted areas. ranges, Air Armament Center, Eglin Air 334.520 Lake George, Fla.; naval bombing Force Base, Fla. area. 334.710 The Narrows and Gulf of Mexico ad- 334.525 Atlantic Ocean off John F. Kennedy jacent to Santa Rosa Island, Head- Space Center, FL; restricted area. quarters Air Armament Center, Eglin Air 334.530 Canaveral Harbor adjacent to the Force Base, Fla. Navy pier at Port Canaveral, Fla.; re- 334.720 Gulf of Mexico, south from stricted area. Choctawhatchee Bay; Missile test area. 334.540 Banana River at the Eastern Range, 334.730 Waters of Santa Rosa Sound and 45th Space Wing, Cape Canaveral Air Gulf of Mexico adjacent to Santa Rosa Force Station, FL; restricted area. Island, Armament Center, Eglin Air 334.560 Banana River at Patrick Air Force Force Base, Fla. Base, Fla.; restricted area. 334.740 North Shore Choctawhatchee Bay, 334.570 Banana River near Orsino, Fla.; re- Eglin Air Force Base, Fla. stricted area. 334.742 Eglin Camp Pinchot, Fla., at Eglin 334.580 Atlantic Ocean near Port Ever- Air Force Base, Fla.; restricted area. glades, Fla. 334.744 Eglin Poquito Housing at Eglin Air 334.590 Atlantic Ocean off Cape Canaveral, Force Base, Fla.; restricted area. Fla.; Air Force missile testing area, Pat- 334.746 U.S. Coast Guard, Destin Station at rick Air Force Base, Fla. Eglin Air Force Base, Fla.; restricted 334.595 Atlantic Ocean off Cape Canaveral; area. 45th Space Wing, Cape Canaveral Air 334.748 Wynnhaven Beach, Fla., at Eglin Force Station, FL; restricted area. AFB; restricted area. 334.600 TRIDENT Basin adjacent to Canav- 334.760 Naval Support Activity Panama eral Harbor at Cape Canaveral Air Force City and Alligator Bayou, a tributary of

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St. Andrew Bay, Fla.; naval restricted 334.850 Lake Erie, west end, north of Erie area. Ordnance Depot, Lacarne, Ohio. 334.761 Naval Support Activity Panama 334.855 Salt River, Rolling Fork River, City; St. Andrews Bay; restricted areas. Otter Creek; U.S. Army Garrison, Fort 334.762 Naval Support Activity Panama Knox Military Reservation; Fort Knox, City; North Bay and West Bay; restricted Kentucky; danger zone. areas. 334.860 Bay, Calif., Naval Am- 334.763 Naval Support Activity Panama phibious Base; restricted area. City; Gulf of Mexico; restricted area. 334.865 North Island, San 334.770 Gulf of Mexico and St. Andrew Diego, , restricted area. Sound, south of East Bay, Fla., Tyndall 334.866 Pacific Ocean at Naval Base Coro- Drone Launch Corridor, Tyndall Air nado, in the City of Coronado, San Diego Force Base, Fla.; restricted area. County, California; naval danger zone. 334.775 Naval Air Station Pensacola, Pensa- 334.870 San Diego Harbor, Calif.; restricted cola Bay, Pensacola and Gulf Breeze, area. Fla.; naval restricted area. 334.880 San Diego Harbor, Calif.; naval re- 334.778 Pensacola Bay and waters contig- stricted area adjacent to Point Loma. uous to the Naval Air Station, Pensa- 334.890 Pacific Ocean off Point Loma, Calif.; cola, FL; restricted area. naval restricted area. 334.780 Pensacola Bay, Fla.; seaplane re- 334.900 Pacific Ocean, U.S. Marine Corps stricted area. Base, Camp Pendleton, Calif.; restricted 334.781 Supervisor of Shipbuilding, Conver- area. sion and Repair Gulf Coast, Pascagoula, 334.905 Pacific Ocean, offshore of Camp Pen- Mississippi; naval restricted area. dleton, California; Fallbrook restricted 334.782 SUPSHIP Gulf Coast, Pascagoula, area. Mississippi, Detachment Mobile, Ala- 334.910 Pacific Ocean, Camp Pendleton Boat bama at AUSTAL, USA, Mobile, Ala- Basin, U.S. Marine Corps Base, Camp bama; restricted area. Pendleton, Calif.; restricted area. 334.783 Arlington Channel, U.S. Coast Guard 334.920 Pacific Ocean off the east coast of Base Mobile, Mobile, Alabama, Coast San Clemente Island, Calif.; naval re- Guard restricted area. stricted area. 334.784 East Pearl River, within the acous- 334.921 Pacific Ocean at San Clemente Is- tic buffer area of the John C. Stennis land, Calif.; naval restricted area. Space Center, and adjacent to lands, in 334.930 Anaheim Bay Harbor, Calif.; Naval Hancock County, Mississippi; danger Weapons Station, Seal Beach. zone. 334.938 Federal Correctional Institution, 334.787 81st Security Forces Anti-Terrorism Terminal Island, San Pedro Bay, Cali- Office, Keesler Air Force Base, Biloxi, fornia; restricted area. Mississippi; no anchorage 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,

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Pier No. 8 (Port of Oakland Berth No. 10); 334.1250 Carr Inlet; naval restricted areas. restricted area. 334.1260 Dabob Bay, Whitney Point; naval 334.1060 Oakland Outer Harbor adjacent to restricted area. the Oakland Army base; restricted area. 334.1270 Port Townsend, Indian Island, 334.1065 U.S. Coast Guard Station, San Walan Point; naval restricted area. Francisco Bay, Yerba Buena Island, San 334.1275 West Arm Behm Canal, Ketchikan, Francisco Bay, California; restricted Alaska, restricted areas. area. 334.1280 Bristol Bay, Alaska; air-to-air 334.1070 San Francisco Bay between Treas- weapon range, Alaskan Air Command, ure Island and Yerba Buena Island; naval U.S. Air Force. restricted area. 334.1300 Blying Sound area, Gulf of Alaska, 334.1080 San Francisco Bay adjacent to Alaska; air-to-air gunnery practice area, northeast corner of Treasure Island; Alaskan Air Command, U.S. Air Force. naval restricted area. 334.1310 Lutak Inlet, Alaska; restricted 334.1090 San Francisco Bay in vicinity of areas. the NSC Fuel Department, Point Molate 334.1320 Kuluk Bay, Adak, Alaska; naval re- restricted area. stricted area. 334.1100 San Pablo Bay, Carquinez Strait, 334.1325 Army Restricted and Mare Island Strait in vicinity of U.S. Area, Kuluk Bay, Adak, Alaska. Naval Shipyard, Mare Island; restricted 334.1330 Bering Strait, Alaska; naval re- area. stricted area off Cape Prince of Wales. 334.1110 Military Ocean Terminal Concord; 334.1340 Pacific Ocean, Hawaii; danger restricted area. 334.1120 Pacific Ocean in the vicinity of zones. Point Mugu, Calif.; naval small arms fir- 334.1350 Pacific Ocean, Island of Oahu, Ha- ing range. waii; danger zone. 334.1125 Pacific Ocean Naval Air Weapons 334.1360 Pacific Ocean at Barber’s Point, Is- Station, Point Mugu, Small Arms Range, land of Oahu, Hawaii; danger zone. Ventura County, California; danger zone. 334.1370 Pacific Ocean at Keahi Point, Is- 334.1126 Naval Base Ventura County, Point land of Oahu, Hawaii; danger zone. Mugu, California; restricted area. 334.1380 Marine Corps Base Hawaii (MCBH), 334.1127 Naval Base Ventura County, Port Kaneohe Bay, Island of Oahu, Hawaii— Hueneme, California; restricted area. Ulupau Crater Weapons Training Range; 334.1130 Pacific Ocean, Western Space and danger zone. Missile Center (WSMC), Vandenberg 334.1390 Pacific Ocean off the Pacific Missile AFB, Calif.; danger zones. Range Facility at Barking Sands, Island 334.1140 Pacific Ocean at San Miguel Island, of Kauai, Hawaii; danger zone. Calif.; naval danger zone. 334.1400 Pacific Ocean, at Barbers Point, Is- 334.1150 Monterey Bay, Calif. land of Oahu, Hawaii; restricted area. 334.1160 San Pablo Bay, Calif.; target prac- 334.1410 Pacific Ocean, at Makapuu Point, tice area, Mare Island Naval Shipyard, Waimanalo, Island of Oahu, Hawaii, Vallejo. Makai Undersea Test Range. 334.1170 San Pablo Bay, Calif.; gunnery 334.1420 Pacific Ocean off Orote Point, Apra range, Naval Inshore Operations Train- Harbor, Island of Guam, Marianas Is- ing Center, Mare Island, Vallejo. lands; small-arms firing range. 334.1175 Pacific Ocean, at Camp Rilea, 334.1430 Apra Inner Harbor, Island of Guam; Clatsop County, Oregon; danger zone. restricted area. 334.1180 Strait of Juan de Fuca, Wash.; air- 334.1440 Pacific Ocean at Kwajalein Atoll, to-surface weapon range, restricted area. Marshall Islands; missile testing area. 334.1190 Hood Canal and Dabob Bay, Wash.; 334.1450 Atlantic Ocean off north coast of naval non-explosive torpedo testing area. Puerto Rico; practice firing areas, U.S. 334.1200 Strait of Juan de Fuca, eastern end; Army Forces Antilles. off the westerly shore of Whidbey Island; 334.1460 Atlantic Ocean and Vieques Sound, naval restricted areas. in vicinity of Culebra Island; bombing 334.1210 Admiralty Inlet, entrance; naval re- and gunnery target area. stricted area. 334.1470 Caribbean Sea and Vieques Sound, 334.1215 Port Gardner, Everett Naval Base, in vicinity of Eastern Vieques; bombing naval restricted area, Everett, Wash- and gunnery target area. ington. 334.1480 Vieques Passage and Atlantic 334.1220 Hood Canal, Bangor; naval re- Ocean, off east coast of Puerto Rico and stricted areas. coast of Vieques Island; naval restricted 334.1230 ; naval restricted area. areas. 334.1240 ; naval restricted 334.1490 Caribbean Sea, at St. Croix, V.I.; re- areas. stricted areas. 334.1244 , Manchester Fuel Depot, Manchester, Washington; naval AUTHORITY: 40 Stat. 266 (33 U.S.C. 1) and 40 restricted area. Stat. 892 (33 U.S.C. 3).

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SOURCE: 50 FR 42696, Oct. 22, 1985, unless Oceanic & Atmospheric Administration otherwise noted. (NOAA). (c) Temporary, occasional or intermit- § 334.1 Purpose. tent use. If the use of the water area is The purpose of this part is to: desired for a short period of time, not (a) Prescribe procedures for estab- to exceed thirty days in duration, and lishing, amending and disestablishing that planned operations can be con- danger zones and restricted areas; ducted safely without imposing unrea- (b) List the specific danger zones and sonable restrictions on navigation, and restricted areas and their boundaries; without promulgating restricted area and regulations in accordance with the reg- (c) Prescribe specific requirements, ulations in this section, applicants access limitations and controlled ac- may be informed that formal regula- tivities within the danger zones and re- tions are not required. Activities of stricted areas. this type shall not reoccur more often than biennially (every other year), un- [58 FR 37607, July 12, 1993] less danger zone/restricted area rules are promulgated under this part. Prop- § 334.2 Definitions. er notices for mariners requesting that (a) Danger zone. A defined water area vessels avoid the area will be issued by (or areas) used for target practice, the Agency requesting such use of the bombing, rocket firing or other espe- water area, or if appropriate, by the cially hazardous operations, normally District Engineer, to all known inter- for the armed forces. The danger zones ested persons. Copies will also be sent may be closed to the public on a full- to appropriate State agencies, the time or intermittent basis, as stated in Commandant, U.S. Coast Guard, Wash- the regulations. ington, DC 20590, and Director, Defense (b) Restricted area. A defined water Mapping Agency, Hydrographic Center, area for the purpose of prohibiting or Washington, DC 20390, ATTN: Code NS limiting public access to the area. Re- 12. Notification to all parties and Agen- stricted areas generally provide secu- cies shall be made at least two weeks rity for Government property and/or prior to the planned event, or earlier, if protection to the public from the risks required for distribution of Local No- of damage or injury arising from the tice to Mariners by the Coast Guard. Government’s use of that area. [58 FR 37607, July 12, 1993] [58 FR 37607, July 12, 1993] § 334.4 Establishment and amendment § 334.3 Special policies. procedures. (a) General. The general regulatory (a) Application. Any request for the policies stated in 33 CFR part 320 will establishment, amendment or revoca- be followed as appropriate. In addition, tion of a danger zone or restricted area danger zone and restricted area regula- must contain sufficient information for tions shall provide for public access to the District Engineer to issue a public the area to the maximum extent prac- notice, and as a minimum must con- ticable. tain the following: (b) Food fishing industry. The author- (1) Name, address and telephone num- ity to prescribe danger zone and re- ber of requestor including the identity stricted area regulations must be exer- of the command and DoD facility and cised so as not to unreasonably inter- the identity of a point of contact with fere with or restrict the food fishing in- phone number. dustry. Whenever the proposed estab- (2) Name of waterway and if a small lishment of a danger zone or restricted tributary, the name of a larger con- area may affect fishing operations, the necting waterbody. District Engineer will consult with the (3) Name of closest city or town, Regional Director, U.S. Fish and Wild- county/parish and state. life Service, Department of the Interior (4) Location of proposed or existing and the Regional Director, National danger zone or restricted area with a Marine Fisheries Service, National map showing the location, if possible.

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(5) A brief statement of the need for tion involves a danger zone off the U.S. the area, its intended use and detailed Atlantic coast. description of the times, dates and ex- (iii) Proposed danger zones on the tent of restriction. U.S. Pacific coast must be coordinated (b) Public notice. (1) The Corps will with the applicable commands as fol- normally publish public notices and lows: FEDERAL REGISTER documents concur- Alaska, Oregon and Washington: rently. Upon receipt of a request for Commander, Naval Base, Seattle the establishment, amendment or rev- California: ocation of a danger zone or restricted Commander, Naval Base, San Diego area, the District Engineer should for- Hawaii and Trust Territories: ward a copy of the request with his/her Commander, Naval Base, Pearl Harbor recommendation, a copy of the draft (c) Public hearing. The District Engi- public notice and a draft FEDERAL REG- neer may conduct a public hearing in ISTER document to the Office of the accordance with 33 CFR part 327. Chief of Engineers, ATTN: CECW-OR. (d) Environmental documentation. The The Chief of Engineers will publish the District Engineer shall prepare envi- proposal in the FEDERAL REGISTER con- ronmental documentation in accord- current with the public notice issued ance with appendix B to 33 CFR part by the District Engineer. 325. (2) Content. The public notice and (e) District Engineer’s recommendation. FEDERAL REGISTER documents must in- After closure of the comment period, clude sufficient information to give a and upon completion of the District clear understanding of the proposed ac- Engineer’s review he/she shall forward tion and should include the following the case through channels to the Office items of information: of the Chief of Engineers, ATTN: (i) Applicable statutory authority or CECW-OR with a recommendation of authorities; (40 Stat. 266; 33 U.S.C. 1) whether or not the danger zone or re- and (40 Stat. 892; 33 U.S.C. 3) stricted area regulation should be pro- (ii) A reasonable comment period. mulgated. The District Engineer shall The public notice should fix a limiting include a copy of environmental docu- 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]

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§ 334.5 Disestablishment of a danger § 334.10 Gulf of Maine off Seal Island, zone. Maine; naval aircraft bombing tar- (a) Upon receipt of a request from get area. any agency for the disestablishment of (a) The danger zone. A circular area a danger zone, the District Engineer with a radius of 1.5 nautical miles, hav- shall notify that agency of its responsi- ing its center just easterly of Seal Is- bility for returning the area to a condi- land at latitude 43°53′00″ and longitude tion suitable for use by the public. The 68°44′00″. agency must either certify that it has (b) The regulations. (1) No aerial not used the area for a purpose that re- bombing practice will take place in the quires cleanup or that it has removed danger zone after 5:00 p.m. Mondays all hazardous materials and munitions, through Saturdays, at any time on before the Corps will disestablish the Sundays, or during foggy or inclement area. The agency will remain respon- weather. sible for the enforcement of the danger (2) Vessels or other watercraft will be zone regulations to prevent unauthor- allowed to enter the danger zone any ized entry into the area until the area is deemed safe for use by the public and time there are no aerial bombing exer- the area is disestablished by the Corps. cises being conducted. (b) Upon receipt of the certification (3) No live ammunition or explosives required in paragraph (a) of this sec- will be dropped in the area. tion, the District shall forward the re- (4) Suitable Notice to Mariners, by quest for disestablishment of the dan- appropriate methods, will be issued by ger zone through channels to CECW- the Commander, First Coast Guard OR, with its recommendations. Notice District, Boston, Massachusetts; upon of proposed rulemaking and public pro- request of the Commandant, First cedures as outlined in § 334.4 are not Naval District, Boston, Massachusetts, normally required before publication of or his designated agent. the final rule revoking a restricted (5) Prior to the conducting of each area or danger zone regulation. The bombing practice, the area will be pa- disestablishment/revocation of the dan- trolled by a naval aircraft or surface ger zone or restricted area regulation vessel to ensure that no persons or removes a restriction on a waterway. watercraft are within the danger zone. [58 FR 37608, July 12, 1993] Vessels may be requested to veer off when drops are to be made, however, § 334.6 Datum. drops will be made only when the area (a) Geographic coordinates expressed is clear. The patrol aircraft will em- in terms of latitude or longitude, or ploy the method of warning known as both, are not intended for plotting on ‘‘buzzing’’ which consists of low flight maps or charts whose reference hori- by the airplane and repeated opening zontal datum is the North American and closing of the throttle. Datum of 1983 (NAD 83), unless such ge- (6) Any such watercraft shall, upon ographic coordinates are expressly la- being so warned, immediately leave the beled NAD 83. Geographic coordinates designated area and, until the conclu- without the NAD 83 reference may be sion of the practice, shall remain at plotted on maps or charts referenced to such distance that it will be safe from NAD 83 only after application of the falling projectiles. appropriate corrections that are pub- (7) The regulations of this section lished on the particular map or chart shall be enforced by the Commandant, being used. First Naval District, Boston, Massa- (b) For further information on NAD chusetts, or such agencies as he may 83 and National Service nautical charts designate. please contact: Director, Coast Survey (N/CG2), National Ocean Service, [24 FR 7379, Sept. 12, 1959. Redesignated at 50 NOAA, 1315 East-West Highway, Sta- FR 42696, Oct. 22, 1985, as amended at 62 FR tion 6147, Silver Spring, MD 20910–3282. 17551, Apr. 10, 1997] [60 FR 15233, Mar. 23, 1995]

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§ 334.20 Gulf of Maine off Cape Small, dropped, however, drops will be made Maine; naval aircraft practice min- only when the area is clear. ing range area. (4) The sonobuoys drops will be made (a) The danger zone. Within an area in connection with the production and bounded as follows: Beginning at lati- experimentation of sonobuoys. tude 43°43′00″, longitude 69°46′00″; thence (5) No live ammunition or explosives to latitude 43°38′30″, longitude 69°46′00″; will be involved. thence to latitude 43°38′30″, longitude (6) The regulations in this section 69°49′30″; thence to latitude 43°42′10″, shall be enforced by the Commanding longitude 69°49′30″; thence to the point Officer, U.S. Naval Air Station, Bruns- of beginning. wick, Maine, or such agencies as he (b) The regulations. (1) Test drops may designate. from aircraft will be made within the [27 FR 4280, May 4, 1962. Redesignated at 50 area at intermittent periods from noon FR 42696, Oct. 22, 1985, as amended at 62 FR until sunset local time and only during 17551, Apr. 10, 1997] periods of good visibility. (2) Testing will not restrict any fish- § 334.40 Atlantic Ocean in vicinity of ing, recreational, or commercial activi- Duck Island, Maine, Isles of Shoals; ties in the testing area. naval aircraft bombing target area. (3) Aircraft will patrol the area prior (a) The danger zone. A circular area to and during test periods to insure with a radius of 500 yards having its that no surface vessels are within the center on Shag Rock in the vicinity of area. No test drops will be made while Duck Island at latitude 43°00′12″, lon- surface vessels are transitting the area. gitude 70°36′12″. (4) No live ammunition or explosives (b) The regulations. (1) No person or will be dropped in the area. vessel shall enter or remain in the dan- (5) The regulations of this section ger zone from 8:00 a.m. to 5:00 p.m. shall be enforced by the Commandant, (local time) daily, except as authorized First Naval District, Boston, Mass., or by the enforcing agency. such agencies as he may designate. (2) This section shall be enforced by [36 FR 5218, Mar. 18, 1971. Redesignated at 50 the Commandant, First Naval District, FR 42696, Oct. 22, 1985] and such agencies as he may designate. [14 FR 5592, Sept. 13, 1949. Redesignated at 50 § 334.30 Gulf of Maine off Pemaquid FR 42696, Oct. 22, 1985, as amended at 62 FR Point, Maine; naval sonobuoy test 17551, Apr. 10, 1997] area. (a) The area. The test area or ‘‘Foul § 334.45 Kennebec River, Bath Iron Area’’ encompasses a circular area one Works Shipyard, naval restricted nautical mile in radius, the center of area, Bath, Maine. which is located 7.9 nautical miles, (a) The area. The waters within a cof- bearing 187° magnetic from Pemaquid fin shaped area on the west side of the Light. river south of the Carlton (Route 1) (b) The regulations. (1) Sonobuoy highway bridge beginning on the west- drops will be made only in the des- ern shore at latitude 43°54′40.7″ N, lon- ignated area and when visibility is at gitude 069°48′44.8″ W; thence easterly to least three miles. latitude 43°54′40.7″ N, longitude (2) Sonobuoy drop tests will normally 069°48′36.8″ W; thence southeasterly to be conducted at intermittent periods latitude 43°54′10.4″ N, longitude on a 5-day week basis, Monday through 069°48′34.7″ W; thence southwesterly to Friday. However, on occasion tests latitude 43°53′55.1″ N, longitude may be conducted intermittently on a 069°48′39.1″ W; thence westerly to lati- seven-day week basis. tude 43°53′55.1″ N, longitude 69°48′51.8″ (3) Prior to and during the period W; thence northerly along the westerly when sonobuoys are being dropped, an shoreline to the point of origin. escort vessel or naval aircraft will be (b) The regulation. All persons, swim- in the vicinity to ensure that no per- mers, vessels and other craft, except sons or vessels are in the testing area. those vessels under the supervision or Vessels may be requested to veer off contract to local military or Naval au- when sonobuoys are about to be thority, vessels of the United States

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Coast Guard, and local or state law en- ity, are prohibited from entering the forcement vessels, are prohibited from restricted areas without permission entering the restricted areas without from the Commander, Portsmouth permission from the Supervisor of Naval Shipyard or his/her authorized Shipbuilding, USN Bath Maine or his representative. authorized representative (c) Enforcement. The regulation in [46 FR 43045, Aug. 26, 1981, 46 FR 61116, Dec. 15, 1981. Redesignated at 50 FR 42696, Oct. 22, this section, promulgated by the 1985, as amended at 62 FR 17551, Apr. 10, 1997] Corps of Engi- neers, shall be enforced by the, Super- § 334.60 Cape Cod Bay south of visor of Shipbuilding, Conversion and Wellfleet Harbor, Mass.; naval air- Repair Bath, and/ craft bombing target area. or such agencies or persons as he/she (a) The danger zone. A circular area may designate. with a radius of 1,000 yards having its [67 FR 20446, Apr. 25, 2002] center on the aircraft bombing target hulk James Longstreet in Cape Cod § 334.50 Piscataqua River at Ports- Bay at latitude 41°49′46″, longitude mouth Naval Shipyard, Kittery, 70°02′54″. Maine; restricted areas. (b) The regulations. (1) No person or (a) The areas. vessel shall enter or remain in the dan- Area No. 1: The area bounded by a line at a ger zone at any time, except as author- point on the easterly side of Seavey Island ized by the enforcing agency. at latitude 43°04′37″ N, longitude 70°43′44″ W, (2) This section shall be enforced by thence to latitude 43°04′36″ N; longitude the Commandant, First Naval District, 70°43′40″ N, thence to the pier on the west- and such agencies as he may designate. erly side of at latitude 43°04′36.5″ N, longitude 70°43′34″ W; thence [14 FR 5592, Sept. 13, 1949. Redesignated at 50 along the northerly side of Clark Island to FR 42696, Oct. 22, 1985, as amended at 62 FR a point on the easterly side at latitude 17551, Apr. 10, 1997] 43°04′37″ N, longitude 70°43′25″ W, thence northeasterly to the easterly side of Ja- § 334.70 Buzzards Bay, and adjacent maica Island at latitude 43°04′49″ N, lon- waters, Mass.; danger zones for gitude 70°43′24″ W, thence along the south- naval operations. erly and westerly sides of Jamaica Island and thence generally along the easterly (a) Atlantic Ocean in vicinity of No side of Seavey Island to the point of begin- Mans Land—(1) The area. The waters ning. surrounding No Mans Land within an Area No. 2: The area bounded by a line begin- area bounded as follows: Beginning at ning at a point on the southerly side of latitude 41°12′30″, longitude 70°50′30″; Seavey Island at Henderson Point at lati- thence northwesterly to latitude ° ′ ″ ° ′ ″ tude 43 04 29 N, longitude 70 44 14 W; 41°15′30″, longitude 70°51′30″; thence thence to latitude 43°04′29.5″ N, longitude ° ′ ″ ° ′ ″ ° ′ ″ northeasterly to latitude 41 17 30 , lon- 70 44 17.4 W; thence to latitude 43 04 36.6 ° ′ ″ N, longitude 70°44′22.6″ W; thence to lati- gitude 70 50 30 ; thence southeasterly to tude 43°04′44.8″ N, longitude 70°44′33.2″ W; latitude 41°16′00″, longitude 70°47′30″; thence to latitude 43°04′47.4″ N, longitude thence south to latitude 41°12′30″, lon- 70°44′42.1″ W; thence to latitude 43°04′48″ N, gitude 70°47′30″; thence westerly to the longitude 70°44′52″ W; thence to latitude point of beginning. 43°04′49″ N, longitude 70°44′54″ W; thence to (2) The regulations. No vessel or per- ° ′ ″ ° ′ ″ latitude 43 04 51 N, longitude 70 44 55 W; son shall at any time enter or remain thence to latitude 43°04′53″ N, longitude 70°44′53″ W; thence to latitude 43°04′57″ N, within a rectangular portion of the longitude 70°44′47″ W; thence to latitude area bounded on the north by latitude 43°04′58″ N, longitude 70°44′46″ W; thence to 41°16′00″, on the east by longitude latitude 43°05′02″ N, longitude 70°44′36″ W; 70°47′30″, on the south by latitude thence to latitude 43°05′04″ N, longitude 41°12′30″, and on the west by longitude 70°44′31″ W; thence along the westerly side 70°50′30″, or within the remainder of the of Seavey Island to the beginning point. area between November 1, and April 30, (b) The regulations. All persons, ves- inclusive, except by permission of the sels and other craft, except those ves- enforcing agency. sels under the supervision of or con- (3) The regulations in this paragraph tract to local military or naval author- shall be enforced by the Commandant,

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First Naval District, and such agencies Latitude Longitude as he may designate. 41°23′37.0″ N 72°05′38.0″ W [26 FR 11195, Nov. 28, 1961, as amended at 27 41°23′41.0″ N 72°05′40.3″ W FR 10296, Oct. 20, 1962; 33 FR 10930, Aug. 1, 41°23′47.2″ N 72°05′42.3″ W 41°23′53.8″ N 72°05′43.7″ W 1968. Redesignated at 50 FR 42696, Oct. 22, ° ′ ″ ° ′ ″ 1985, as amended at 62 FR 17552, Apr. 10, 1997; 41 23 59.8 N 72 05 43.0 W 41°24′12.4″ N 72°05′43.2″ W 79 FR 48691, Aug. 18, 2014]

§ 334.75 Thames River, Naval Sub- Then to the point of beginning on the east- marine Base New London, re- ern shore. stricted area. (b) The regulations. (1) Vessels and (a) The area: The open waters of the other watercraft within the designated Thames River approximately 5 nautical navigation channel may proceed miles upriver from its mouth along the through the restricted area at normal boundary between Groton and Water- operating speeds without stopping. ford, Connecticut, within an area Vessels and watercraft may also utilize bounded as follows: From a point on the water area within the restricted the eastern shore at latitude 41°24′14.4″ area located between the western edge N, longitude 72°05′38.0″ W then north- of the designated channel and the west- erly along the coast to latitude ern shore for fishing, anchoring and ° ′ ″ ° ′ ″ 41 24 20.0 N, longitude 72 05 37.9 W other recreational uses. However, all then westerly across the river to a persons, vessels and watercraft, except point on the western shore at latitude U.S. military personnel and vessels ° ′ ″ ° ′ ″ 41 24 20.0 N, longitude 72 05 55.5 W must leave the restricted area when then southerly along the coast to a notified by personnel of the New Lon- point on the western shore at latitude don Submarine Base that such use will ° ′ ″ ° ′ ″ 41 24 5.0 N, longitude 72 05 55.7 W then interfere with submarine maneuvering, easterly to the western edge of the operations or security. dredged channel to a point located at (2) Commercial fishermen and shell latitude 41°24′04.1″ N, longitude ° ′ ″ fishermen may fish within the re- 72 05 51.2 W then southerly along the stricted area provided their vessels dis- western edge of the dredged channel to play registration numbers issued by a point at latitude 41°24′00″ N, lon- the Naval Submarine Base, New Lon- gitude 72°05′52.6″ W then southerly don, Connecticut. The registration along the western edge of the dredged numbers may be obtained by con- channel to a point located at latitude tacting the Commanding Officer, Naval 41°23′57.1″ N, longitude 72°05′52.5″ W Submarine Base New London. All com- then southerly to buoy ‘‘11’’ located at mercial fishermen and shell fishermen a point at latitude 41°23′45.6″ N, lon- must also leave the restricted area gitude 72°05′53.7″ W then southerly to when notified by personnel of the New buoy ‘‘B’’ on the northeastern shore of London Submarine Base that such use Mamacoke Hill to a point at latitude will interfere with submarine 41°23′33.8″ N, longitude 72°05′53.7″ W maneuevering, operations or security. then southerly along the shore to buoy (3) Vessels which are owned, operated ‘‘A at latitude 41°23′25.0″ N, longitude or sponsored by local, state municipali- 72°05′45.4″ W then southeasterly to buoy ties or academic institutions preparing ‘‘9’’ at a point located at latitude for or participating in a water sport or 41°23′15.0″ N, longitude 72°05′35.0″ W water related recreational event spon- then easterly to a point on the eastern sored by those local or state munici- shore at latitude 41°23′15.0″ N, longitude palities or academic institutions, or 72°05′17.9″ W then northerly along the private or commercial vessels engaged shore to a point on the eastern shore at in observing the conduct of the above latitude 41°23′15.8″ N, longitude event shall be exempt from the restric- 72°05′17.9″ W then along the following tions above, providing: points: (i) The Commanding Officer, Naval Latitude Longitude Submarine Base New London, and the Coast Guard Captain of the Port are 41°23′15.8″ N 72°05′22.0″ W 41°23′25.9″ N 72°05′29.9″ W advised in writing at least 48 hours in 41°23′33.8″ N 72°05′34.7″ W advance of the event, or

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(ii) The event was publicized in such § 334.81 Narragansett Bay, East Pas- a manner that the local public in gen- sage, Coddington Cove, Naval Sta- eral had a reasonable opportunity to tion Newport, naval restricted area, learn of the event 48 hours in advance. Newport, Rhode Island. (4) The regulations in this section (a) The area. All of the navigable wa- shall be enforced by the Commander, ters of Coddington Cove east of a line U.S. Naval Submarine Base New Lon- that connects Coddington Point at lati- ° ′ ″ ° ′ ″ don, Connecticut, and such agencies as tude 41 31 24.0 N, longitude 071 19 24.0 he/she may designate. W; with the outer end of the Coddington Cove Breakwater on the [53 FR 47802, Nov. 28, 1988, as amended at 54 north side of the cove at latitude FR 7033, Feb. 16, 1989; 62 FR 17552, Apr. 10, 41°31′55.7″ N, longitude 071°19′28.2″ W. 1997] (b) The regulation. All persons, swim- 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. (c) Enforcement. The regulation in 41°31′26″, longitude 71°20′33″ thence eas- this section, promulgated by the terly to latitude 41°31′27″, longitude ° ′ ″ United States Army Corps of Engi- 71 20 06 thence northerly to a point on neers, shall be enforced by the United the southwesterly shore of Prudence Is- States Navy, Commanding Officer ° ′ ″ land at latitude 41 35 00 , thence north- Naval Station Newport, and/or such erly along the southwesterly shore of agencies or persons as he/she may des- Prudence Island to a point at latitude ignate. 41°35′43″ longitude 71°20′15 5″; thence northwesterly to latitude 41°37′21″, lon- [67 FR 65313, Oct. 24, 2002] ° ′ ″ gitude 71 20 48 ; thence west to latitude § 334.82 Narragansett Bay, East Pas- 41°37′21″ longitude 71°21′48″; and thence sage, Coasters Harbor Island, Naval south to latitude 41°33′54″, longitude Station Newport, Newport, Rhode 71°21′48″. Island, restricted area. (b) The Regulations. (1) No person or (a) The area. The waters within a ‘‘C- vessel shall at any time, under any cir- shaped’’ area adjacent to and sur- cumstances, anchor or fish or tow a rounding Coasters Harbor drag of any kind in the prohibited area Island beginning at Coddington Point because of the extensive cable system at latitude 41°31′24.0″ N, longitude located therein. 71°19′24.0″ W; thence west southwest to (2) Orders and instructions issued by latitude 41°31′21.5″ N, longitude ° ′ ″ patrol craft or other authorized rep- 71 19 45.0 W; thence south southwest to ° ′ ″ resentatives of the enforcing agency latitude 41 31 04.2 N, longitude ° ′ ″ shall be carried out promptly by per- 71 19 52.8 W; thence due south to lati- tude 41°30′27.3″ N, longitude 71°19′52.8″ sons or vessels in or in the vicinity of W; thence south southeast to 41°30′13.8″ the prohibited area. N, longitude 71°19′42.0″ W; thence south- (3) The regulations in this section east to latitude 41°30′10.2″ N, longitude shall be enforced by the Commander 71°19′32.6″ W; thence due east to lati- U.S. Naval Base, Newport, RI, and such tude 41°30′10.2″ N, longitude 71°19′20.0″ agencies as he may designate. W; thence northerly along the main- [33 FR 4464, Mar. 13, 1968. Redesignated at 50 land shoreline to the point of origin. FR 42696, Oct. 22, 1985; 58 FR 37608, July 12, (b) The regulation. All persons, swim- 1993; 62 FR 17552, Apr. 10, 1997] mers, vessels and other craft, except those vessels under the supervision or

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contract to local military or Naval au- Commanding Officer, Naval Station thority, vessels of the United States New York, and such agencies as he/she Coast Guard, and Federal, local or shall designate. State law enforcement vessels, are pro- [56 FR 5300, Feb. 8, 1991] hibited from entering the restricted areas without permission from the § 334.100 Atlantic Ocean off Cape May, Commanding Officer Naval Station N.J.; Coast Guard Rifle Range. Newport, USN, Newport, Rhode Island (a) The danger zone. The waters of the or his/her authorized representative. Atlantic Ocean within an area de- (c) Enforcement. (1) The regulation in scribed as follows: Beginning at Cape this section, promulgated by the May West Jetty Light; thence 180° United States Army Corps of Engi- true, 800 yards; thence 250° true, 1,325 neers, shall be enforced by the United yards; and thence 335° true to the shore States Navy, Commanding Officer line. Naval Station Newport, Newport, (b) The regulations. (1) No person or Rhode Island and/or other persons or vessel shall enter or remain in the dan- agencies as he/she may designate. ger area between sunrise and sunset [69 FR 35519, June 25, 2004] daily, except as authorized by the en- forcing agency. § 334.85 New York Harbor, adjacent to (2) The regulations in this section the Stapleton Naval Station, Staten shall be enforced by the Commander, Island, New York; restricted area. Third Coast Guard District, or his au- (a) The area. The waters of New York thorized representative. Harbor beginning at a point on shore at ° ′ ″ ° ′ ″ [25 FR 12244, Nov. 30, 1960. Redesignated at 50 latitude 40 38 02 N, longitude 074 04 24 FR 42696, Oct. 22, 1985, as amended at 62 FR W; thence easterly to latitude 17552, Apr. 10, 1997] 40°38′02.5″ N, longitude 074°04′09″ W; thence southerly to latitude 40°37′53″ N, § 334.102 Sandy Hook Bay, Naval longitude 074°04′07″ W; thence east- Weapons Station EARLE, Piers and southeasterly to latitude 40°37′50″ N, Terminal Channel, restricted area, longitude 074°03′50.2″ W; thence south- Middletown, New Jersey. southeasterly to latitude 40°37′37.5″ N, (a) The area. All of the navigable wa- longitude 074°03′46″ W; thence south- ters within the area bounded by these westerly to the shore line at latitude coordinates: ° ′ ″ ° ′ ″ 40 37 24.5 N, longitude 074 04 18 W; Latitude 40°25′55.6″ N, longitude 074°04′31.4″ thence northerly along the shore line W; thence to to the point of origin. Latitude 40°26′54.0″ N, longitude 074°03′53.0″ (b) The regulations. (1) The portion of W; thence to the restricted area extending from the Latitude 40°26′58.0″ N, longitude 074°04′03.0″ shore out to a line 600 feet east of the W; thence to ° ′ ″ ° ′ ″ U.S. Pierhead Line is closed to all per- Latitude 40 27 56.0 N, longitude 074 03 24.0 W; thence to sons and vessels except those vessels Latitude 40°27′41.7″ N, longitude 074°02′45.0″ owned by, under hire to or performing W; thence to work for Naval Station New York, Latitude 40°28′23.5″ N, longitude 074°02′16.6″W; Staten Island, New York. thence to (2) The portion of the restricted area Latitude 40°28′21.2″ N, longitude 074°01′56.0″ beginning 600 feet seaward of the U.S. W; thence to ° ′ ″ ° ′ ″ Pierhead Line is open to transiting ves- Latitude 40 28 07.9 N, longitude 074 02 18.6 W; thence to sels only. Vessels shall proceed across Latitude 40°27′39.3″ N, longitude 074°02′38.3″ the area by the most direct route and W; thence to without unnecessary delay. For vessels Latitude 40°27′28.5″ N, longitude 074°02′10.4″ under sail, necessary tacking shall con- W; thence to stitute a direct route. Latitude 40°26′29.5″ N, longitude 074°02′51.2″ (3) Commercial vessels at anchor will W; thence to ° ′ ″ ° ′ ″ be permitted to swing into the seaward Latitude 40 26 31.4 N, longitude 074 02 55.4 W; thence to portion of the restricted area while at Latitude 40°25′27.1″ N, longitude 074°03′39.7″W anchor and during the tide changes. longitude; (c) Enforcement. The regulations in and thence along the shoreline to the point this section shall be enforced by the of origin (NAD 83).

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The Department of the Navy plans to boat fishing provided anchors, trawls, install buoys along these coordinates and ground tackle are not used. to outline the Restricted Area. (4) The regulations in this section (b) The regulation. (1) Except as set shall be enforced by the Commandant, forth in subparagraph (b)(2), no per- Fourth Naval District, and such agen- sons, unauthorized vessels or other un- cies as he may designate. authorized 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 Terminal Channel provided that there § 334.120 Delaware Bay off Milford are no naval vessels then transiting the Neck; naval aircraft bombing target 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″ W; thence to trawling, crabbing, fishing and drag- 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- cies as he may designate. (c) Enforcement. The regulation in 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] forced by the Commanding Officer, Naval Weapons Station Earle, and/or § 334.130 Atlantic Ocean off Wallops Is- land and Chincoteague Inlet, Va.; other persons or agencies as he/she danger zone. may designate. (a) The area. An area immediately be- [68 FR 37971, June 26, 2003] hind and directly offshore from Wal- lops Island defined by lines drawn as § 334.110 Delaware Bay off Cape Hen- follows: Beginning at latitude 37°53′00″ lopen, Del.; naval restricted area. N, longitude 75°29′48″ W; thence to lati- (a) The area. Beginning at a point on tude 37°53′03″ N, longitude 74°50′52″ W; the south shore of Delaware Bay at thence to latitude 37°38′28″ N, longitude longitude 75°06′12″; thence to latitude 74°51′48″ W; thence to latitude 37°22′00″ 38°47′25″, longitude 75°06′20″; thence to N, longitude 75°09′35″ W; thence to lati- latitude 38°47′48″, longitude 75°06′00″; tude 37°19′11″ N, longitude 75°30′00″ W; thence to latitude 38°50′43″, longitude thence to latitude 37°47′57″ N, longitude 75°02′11″; thence to latitude 38°49′16″, 75°32′19″ W; and thence to latitude longitude 74°59′35″; thence to a point on 37°53′00″ N, longitude 75°29′48″ W. the shore at latitude 38°46′09″; thence (b) The regulations. (1) Persons and northwesterly and southwesterly along vessels shall only be prohibited from the shore at Cape Henlopen to the entering the area when launch oper- point of beginning. ations are being conducted. (b) The regulations. (1) Anchoring, (2) In advance of scheduled launch op- trawl fishing, crabbing, dragging, grap- erations which, in the opinion of the pling, and towing with hawser on bot- enforcing agency, may be dangerous to tom are prohibited in the area and no persons and watercraft, appropriate object attached to a vessel shall be warnings will be issued to navigation placed on or near the bottom. interests through official government (2) This section does not apply to an- and civilian channels or in such other chored floating navigational aids or to manner as the District Engineer, U.S. placement or removal of such aids by Army Corps of Engineers, may direct. the Coast Guard. Such warnings will specify the loca- (3) This section does not apply to ves- tion, time, and duration of operations, sels engaged in commercial or pleasure and give other pertinent information

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as may be required in the interests of sources Commission, Virginia Depart- safety. Announcement of area of clo- ment of Game and Inland Fisheries, sure will appear in the weekly ‘‘Notice and U.S. Fish and Wildlife Service. to Mariners.’’ Commercial fishermen and waterfowl (3) The intent to conduct rocket- hunters must observe all warnings and launching operations in the area shall range clearances during hazardous also be indicated by visual signals con- range operations. sisting of a large orange-colored (c) Enforcement. The regulations in ‘‘blimp-shaped’’ balloon by day and a this section shall be enforced by the rotating alternately red and white bea- Director, National Aeronautics and con by night. The balloon shall be Space Administration, Goddard Space flown at latitude 37°50′38″ N, longitude Flight Center, Wallops Flight Facility 75°28′47″ W and the beacon shall be dis- Wallops Island, Va., or such agencies as played about 200 feet above mean high he or she may designate. water at latitude 37°50′16″ N, longitude 75°29′07″ W. The appropriate signals [77 FR 61722, Oct. 11, 2012] shall be displayed 30 minutes prior to rocket-launching time and shall re- § 334.140 Chesapeake Bay; U.S. Army main displayed until the danger no Proving Ground Reservation, Aber- deen, Md. longer exists. (4) In addition to visual signals and (a) Restricted area defined. The fol- prior to conducting launch operations, lowing indicates the limits of the wa- the area will be patrolled by aircraft or ters of or adjacent to the Aberdeen surface vessels and monitored by ra- Proving Ground, Maryland, and inside dars and cameras to ensure no persons of which boundaries will lie the re- or watercraft are within the danger stricted area known as the Aberdeen zone or designated area of interest Proving Ground, Maryland. within the danger zone. Patrol aircraft (1) Beginning at a point on the west- and surface vessels are equipped with erly side of Chesapeake Bay, at the marine band radios and may attempt south side of the mouth of Swan Creek, to hail watercraft and request that Harford County, Maryland, the most they leave the designated area and re- northerly point of the reservation main clear of the area at a safe dis- known as Plum Point; thence south- tance until launch operations are com- easterly along the low water mark on plete, and launch will not occur until the shore of Chesapeake Bay to and the designated area is clear. Patrol air- across the north entrance of Spesutie craft may also employ the method of Narrows to and thence along the low warning known as ‘‘buzzing’’ which water mark on the north shore of consists of low flight by the airplane Spesutie Island to Locust Point; thence and repeated opening and closing of the along straight line from Locust Point throttle. Surveillance vessels may also to Turkey Point for a distance of ap- come close to watercraft and employ proximately 1,400 yards; thence fol- flashing light to establish communica- lowing a line parallel with and 1,000 tions to indicate that the watercraft is yards from the low water mark on the entering the designated hazard area. easterly shore of Spesutie Island to a (5) Any watercraft being so warned point 1,000 yards due southeast of shall immediately leave the designated Sandy Point; thence approximately area until the conclusion of launch op- southwest in a straight line to a point erations, and shall remain at a dis- approximately 1,250 yards S. 10°30′ W. tance to ensure that it will be safe from Bear Point; thence approximately from falling debris. 9,275 yards S. 51°04′ W. to a point in (6) Nothing in this regulation shall be Chesapeake Bay about 1,700 yards due intended to prevent commercial fishing east from Taylor Island Point; thence or the lawful use of approved waterfowl southwesterly in a straight course, ex- hunting blinds along the shorelines of cept such variations as may be nec- the Wallops Flight Facility at Wallops essary to include all of Pooles Island to Island, Virginia, provided that all nec- the southwesterly point of Pooles Is- essary licenses and permits have been land, thence in a northwesterly direc- obtained from the Virginia Marine Re- tion to the most southwesterly point of

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Spry Island, including all of Spry Is- fine not exceeding $500 or by imprison- land; thence northwesterly in a ment not exceeding 6 months. straight line to extreme southerly is- (d) Entrance into restricted waters by land off Lower Island Point; thence the public. (1) The following water areas northwesterly in a straight line are closed to the public at all times: through Brier Point to a point in Sen- (i) Supesutie Narrows—all waters eca Creek where this line intersects a north and east of a line between Bear straight line which passes through Point and Black Point; monuments No. 124 and No. 125 on (ii) All creeks except Landerick westerly part of Carroll Island; thence Creek; northeasterly in a straight line passing (iii) The water adjacent to Carroll Is- through Marshy Point, at the junction land which lies between Brier Point of Dundee Creek and Saltpeter Creek, and Lower Island Point also known as to the intersection of the center line of Hawthorne Cove; Reardon Inlet with Gunpowder River, (iv) The waters immediately off the except such variations as may be nec- mouth of Romney Creek; essary to exclude any and all parts of (v) The waters adjacent to Abbey the point of land on the westerly side Point Recovery Field more accurately of Gunpowder River about one mile described as area number 16; depicted south of Oliver Point; thence northerly in Aberdeen Proving Ground Regula- along the center line of Reardon Inlet tion 210–10, Appendix A. to its intersection with the southeast- (vi) The waters on the north side of erly line of the right of way of the the Bush River from Pond Point to Pennsylvania Railroad; thence north- Chelsea Chimney are closed for fishing east along the Pennsylvania Railroad purposes. following the reservation boundary line (2) The remainder of the restricted to shore of Bush River, and along its areas will normally be open for author- western shore to Fairview Point; ized use (including navigation and fish- thence northeast in a straight line ing) during the following hours: across Bush River to concrete monu- (i) Monday through Thursday, 5 p.m. ment No. 64, located on the eastern to 7:30 a.m.; shore of Bush River, south of Chelsea; (ii) Weekends, 5 p.m. Friday to 7:30 thence along the eastern shore of Bush a.m. Monday; River northerly to the mouth of Sod (iii) National (not state) holidays, 5 Run; thence by a broken line along the p.m. the day preceding the holiday to boundary of the reservation to Swan 7:30 a.m. the day following the holiday. Creek; and thence in a straight line to (3) When requirements of tests, as de- Plum Point. (The above description termined by the Commanding Officer, may be traced on Coast and Geodetic Aberdeen Proving Ground, or his des- Chart No. 1226). ignee, necessitate closing the re- (b) Authority delegated Commanding stricted areas during the aforemen- Officer. The Commanding Officer, Aber- tioned times and days, the Com- deen Proving Ground, has been dele- manding Officer, Aberdeen Proving gated the authority by the Secretary of Ground, will publish appropriate circu- the Army to designate from time to lars or cause to be broadcast over local time by suitably posted bulletins or an- radio stations notices informing the nouncements, the conditions under public of the time and days which en- which the public, including food fisher- trance to the restricted waters of Aber- men and crabbers, may enter restricted deen Proving Ground by the general waters of the Aberdeen Proving public will be prohibited. Ground. (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

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distinctive rotating blue and red light, quired in every instance to have a writ- public address system, sound a siren, or ten permit. A fixed net for the purpose by radio contact on shipshore FM of this paragraph is defined as a pound channel 16 and citizen band channel 12. net, staked gill net, hedge fike net, Buoys will mark the restricted waters hoop net, eel pot, crab pot, and all along the Chesapeake Bay perimeter other types of nets fastened by means during the period, normally 4 June of poles, stakes, weights, or anchors. through 1 October annually. Permits to fish and crab within the re- (5) Authorized use. Authorized use as stricted waters of Aberdeen Proving used in this section is defined as fish- Ground may be obtained by written ap- ing from a vessel, navigation using a plication to the Commanding Officer, vessel to traverse a water area or an- Department of the Army, Aberdeen choring a vessel in a water area. Any Proving Ground, Attention: Provost person who touches any land, or docks Marshall Division, Aberdeen Proving or grounds a vessel, within the bound- Ground, Md. Applicants for permits aries of Aberdeen Proving Ground, must state the location at which they 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 Proving Ground, Maryland, outside of (g) Identification signs required at each any vessel (except for the purposes of location of fixed nets. Fishermen and water skiing as outlined above) includ- crabbers who have been granted per- ing, 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.

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Pound net poles or stakes must not be this section is only open to government cast adrift after removal. vessels. Government vessels include, (i) Restrictions on fishermen and but are not limited to, U.S. Coast crabbers. It must be distinctly under- Guard, U.S. Coast Guard Auxiliary, De- stood that holders of permits to fish or partment of Defense, National Oceanic crab are not authorized to enter the re- and Atmospheric Administration, state stricted waters of Aberdeen Proving and local law enforcement, emergency Ground Reservation outside the hours services and vessels under contract as announced by the Commanding Offi- with the U.S. Government. Vessels cer, Aberdeen Proving Ground. In addi- transiting the restricted area shall pro- tion, the privileges granted in this ceed across the area by the most direct paragraph include no right to land nor route and without unnecessary delay. to cut or procure pound net poles or Fishing, crabbing, trawling, net-fishing stakes on the Aberdeen Proving and other aquatic activities are prohib- Ground Reservation. ited without prior approval from the (j) Aberdeen Proving Ground Regula- Commanding Officer, U.S. Coast Guard tions (APGR) 210–10 will govern com- Yard or his/her designated representa- mercial fishing and crabbing and APGR tive. The Coast Guard will install 210–26 will govern recreational (non- warning signs along the shoreline noti- commercial) fishing and crabbing. This fying individuals of the restricted area section shall be enforced by the Com- and prohibiting all unauthorized entry mander, Aberdeen Proving Ground, and into the area along the property bound- such agencies as he/she may designate. ary. (k) Compliance with Federal, State and (2) All persons, vessels and other county laws required. The taking of fish craft are prohibited from entering, and crabs in the waters of Aberdeen transiting, drifting, dredging or an- Proving Ground Reservation and the choring within the restricted area as setting of and location of nets, in a described in paragraph (a) of this sec- manner not in compliance with Fed- tion without prior approval from the eral, State, and county laws is prohib- Commanding Officer, U.S. Coast Guard ited. Yard or his/her designated representa- (40 Stat. 266; 33 U.S.C. 3) tive. (3) The restrictions described in para- [13 FR 6915, Nov. 24, 1948, and 32 FR 15673, graph (b)(1) of this section are in effect Nov. 14, 1967, as amended at 42 FR 41281, Aug. 24 hours a day, seven days a week. 16, 1977; 48 FR 54597, Dec. 6, 1983. Redesig- nated at 50 FR 42696, Oct. 22, 1985] (c) Enforcement. The regulations in this section shall be enforced by the § 334.145 Curtis Creek and Arundel Commanding Officer, U.S. Coast Guard Cove, U.S. Coast Guard Yard, Balti- Yard or such persons or agencies he/she more; restricted area. may designate. (a) The area. All of the navigable wa- [84 FR 64204, Nov. 21, 2019] ters of Curtis Creek extending approxi- mately 120 meters from the high-water § 334.150 Severn River at Annapolis, mark of the United States Coast Guard Md.; experimental test area, U.S. facility, bounded by these coordinates Navy Marine Engineering Labora- (including the Arundel Cove): Com- tory. mencing from the shoreline at latitude (a) The restricted area. The waters of 39°12′05.8″ N, longitude 076°34′28.4″ W; Severn River shoreward of a line begin- thence to latitude 39°12′04.8″ N, lon- ning at the southeasternmost corner of gitude 076′34′32″ W; thence to latitude the U.S. Navy Marine Engineering Lab- 39°11′59″ N, longitude 076°34′28″ W; oratory sea wall and running thence thence to latitude 39°11′44.8″ N, lon- southwesterly perpendicular to the gitude 076°34′25″ W; thence to latitude main Severn River channel, approxi- 39°11′44.5″ N, longitude 076°34′07″ W; and mately 560 feet, thence northwesterly thence along the shoreline to the point parallel to and 50 feet shoreward of the of origin. The datum for these coordi- edge of the channel, 1,035 feet, and nates is NAD–83. thence northeasterly perpendicular to (b) The regulations. (1) The restricted the channel, approximately 600 feet, to area as described in paragraph (a) of the shore. Spar buoys will mark the

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corners of the area adjacent to the closed by a line beginning at the north- channel. east corner of Dewey Field seawall; (b) The regulations. (1) No vessel or thence to latitude 38°59′03″, longitude person other than specifically author- 76°28′47.5″; thence to latitude 38°58′58″, ized military and naval vessels and per- longitude 76°28′40″; and thence to the sons shall enter or remain in the area northwest corner of Farragut Field during its use for experimental pur- seawall. poses. At all other times vessels and (b) The regulations. (1) No person in persons may use the area without re- the water, vessel or other craft shall striction. enter or remain in the restricted area (2) The area will be in use intermit- at any time except as authorized by tently, and this use will be signified by the enforcing agency. the presence of white-painted boats or (2) The regulations in this section floats, which will be lighted at night. shall be enforced by the Super- (3) Upon observing the boats or floats intendent, U.S. Naval Academy, An- referred to in paragraph (b)(2) of this napolis, Md., and such agencies as he section, or upon being warned, vessels may designate. and persons shall immediately vacate 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] (4) The regulations in this section § 334.170 Chesapeake Bay, in the vicin- shall be enforced by the Commandant, ity of Chesapeake Beach, Md.; firing Severn River Naval Command, and range, Naval Research Laboratory. such agencies as he may designate. (a) The danger zone—(1) Area A. A [17 FR 2573, Mar. 25, 1952, as amended at 30 roughly rectangular area bounded on FR 5631, Apr. 21, 1965. Redesignated at 50 FR the north by latitude 38°39′55″; on the 42696, Oct. 22, 1985] south by latitude 38°39′09″; on the east by longitude 76°31′03″; and on the west § 334.155 Severn River, Naval Station by the shore of Chesapeake Bay. Annapolis, Small Boat Basin, An- napolis, MD; naval restricted area. (2) Area B. The sector of a circle bounded by radii of 9,600 yards bearing (a) The area. The waters within the 31° (to Bloody Point Bar Light) and Naval Station Annapolis small boat 137°30′ (to Choptank River Approach basin and adjacent waters of the Sev- Buoy 2), respectively, from the center ern River enclosed by a line beginning at the southeast corner of building No. at the southeast corner of the U.S. 3; excluding Area A. Navy Marine Engineering Laboratory; (3) Area C. The segment of a circle in- ° ′ ″ thence to latitude 38 58 56.5 , longitude closed by the arcs of two circles having ° ′ ″ ° ′ ″ 76 28 11.5 ; thence to latitude 38 58 50.5 , radii of 9,600 yards and 13,200 yards, re- ° ′ ″ longitude 76 27 52 ; thence to the south- spectively, and bounded by the ex- east corner of the Naval Station’s sea- tended radii marking the north and wall. south limits of Area B. (b) The regulations. No person, vessel NOTE: All bearings referred to true merid- or other craft shall enter or remain in ian. the restricted area at any time except (4) Area D. A roughly rectangular as authorized by the enforcing agency. area bounded on the north by an east- (c) Enforcement. The regulations in west line through Chesapeake Beach this section shall be enforced by the Light 2 at the entrance channel to Superintendent, U.S. Naval Academy, Fishing Creek; on the south by an east- in Annapolis, Maryland, and such agen- west line through Plum Point Shoal cies as he/she may designate. Buoy 1 northeast from Breezy Point; on [63 FR 68140, Dec. 9, 1998] the east by the established fishing structure limit line; and on the west by § 334.160 Severn River, at U.S. Naval the shore of Chesapeake Bay. Academy Santee Basin, Annapolis, (b) The regulations. (1) No person or Md.; naval restricted area. vessel shall enter or remain in Area A (a) The area. The waters within the at any time. U.S. Naval Academy Santee Basin and (2) No person or vessel shall enter or adjacent waters of Severn River in- remain in Area B or Area C between

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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. be flown from a conspicuous point on (d) The regulations in this section the patrol vessel and from a prominent shall be enforced by the Commanding position on shore. Officer, U.S. Naval Air Station, Patux- (6) This section shall be enforced by ent River, Md., and such agencies as he the Commander, Naval Base, Norfolk, may designate. Virginia, and such agencies as he/she [30 FR 4198, Mar. 31, 1965, as amended at 48 may designate. FR 54598, Dec. 6, 1983. Redesignated at 50 FR [13 FR 6916, Nov. 24, 1948, as amended at 17 42696, Oct. 22, 1985] FR 4832, May 28, 1952; 48 FR 54597, Dec. 6, 1983. Redesignated at 50 FR 42696, Oct. 22, § 334.190 Chesapeake Bay, in vicinity 1985, as amended at 62 FR 17552, Apr. 10, 1997] of Bloodsworth Island, MD, U.S. Navy. § 334.180 Patuxent River, Md.; re- (a) The areas—(1) Prohibited area. All stricted areas, U.S. Naval Air Test waters within a circle 0.5 miles in ra- Center, Patuxent River, Md. dius with its center at latitude (a) Except in the gut off the tip of 38°10′00″, longitude 76°06′00″; Point Patience, no person in the water Bloodsworth Island, Pone Island, and no craft shall approach closer than Northeast Island, and Adams Island. 75 yards to the beaches, shoreline, or (2) The danger zone. All waters of piers of the area formerly occupied by Chesapeake Bay and Tangier Sound the U.S. Naval Mine Warfare Test Sta- within an area bounded as follows: Be- tion, or of U.S. Naval Air Station prop- ginning at latitude 38°08′15″, longitude erty. A person in the water or a civil- 76°10′00″; thence to latitude 38°12′00″, ian craft shall not approach rafts, longitude 76°10′00″; thence to latitude barges, or platforms closer than 100 38°12′00″, longitude 76°07′00″; thence to yards. latitude 38°13′00″, longitude 76°06′00″; (b) Diving tenders will exhibit a thence to latitude 38°13′00″, longitude square red flag with white X when un- 76°04′00″; thence to latitude 38°12′00″, derwater diving takes place from naval longitude 76°02′00″; thence to latitude small craft. At such times, persons in 38°12′00″, longitude 76°00′00″; thence to the water and civilian craft shall stay latitude 38°08′15″, longitude 76°00′00″; at least 200 yards clear of these vessels thence to the point of beginning, ex- and the civilian craft shall proceed at a cluding the prohibited area described speed not greater than five knots when in paragraph (a)(1) of this section. within 1,000 yards thereof. (b) The regulations. (1) No person, ves- (c) On occasions, seaplane landings sel or other craft shall approach closer and takeoffs will be practiced in the than 75 yards to the beaches, shoreline, seadrome area north of the U.S. Naval or piers of Bloodsworth Island, Pone Is- Air Station, Patuxent River. This area land, Northeast Island, Adams Island,

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or any Patuxent River Naval Air Sta- other equipment that may be located tion property at any time unless au- within the danger zone. thorized to do so by the enforcing agen- (9) Nothing in this regulation shall be cy. No person, vessel or other craft intended to prevent the lawful use of shall approach rafts, barges, or plat- approved waterfowl hunting blinds forms closer than 100 yards. along the shorelines of Bloodsworth Is- (2) No person, vessel, or other craft land range complex, provided that all shall enter or remain in the danger necessary licenses and permits have zone when notified by the enforcing au- been obtained from the Maryland De- thority to keep clear. Any watercraft partment of Natural Resources and the under way or at anchor, upon being so completed copy of the permit has been warned, shall immediately vacate the submitted to the Conservation Division area and shall remain outside the area Director at NAS Patuxent River. Wa- until conclusion of potentially haz- terfowl hunters must observe all warn- ardous test or training events. ings and range clearances, as noted (3) The area will be in use intermit- herein. tently throughout the year. (10) The regulations in this section (4) Prior to the commencement of shall be enforced by the Commander, any potentially hazardous test or Naval Air Station Patuxent River, training event that requires clearing of Maryland, and such agencies as he/she non-participant boats from the danger may designate. zone, surface or air search of the entire [72 FR 65668, Nov. 23, 2007] area will be made for the purpose of lo- cating and warning all craft and per- § 334.200 Chesapeake Bay, Point Look- sons not connected with the test or out to Cedar Point; aerial and sur- training event, and a patrol will be face firing range and target area, maintained throughout the duration of U.S. Naval Air Station, Patuxent the event. River, Maryland, danger zones. (5) All persons, vessels, or other craft (a) Aerial firing range—(1) The danger shall clear the area when warned by pa- zone. The waters of Chesapeake Bay trol vessels. within an area described as follows: Be- (6) Patrol vessels will provide warn- ginning at the easternmost extremity ing that a potentially hazardous test or of Cedar Point; thence easterly to the training event is in progress or is about southern tip of Barren Island; thence to commence; when so warned, fishing southeasterly to latitude 38°01′15″, lon- or oystering vessels or other craft not gitude 76°05′33″; thence southwesterly directly connected with the event shall to latitude 37°59′25″, longitude 76°10′54″; not navigate within the danger zone. thence northwesterly to latitude Deep-draft vessels proceeding in estab- 38°02′20″, longitude 76°17′26″; thence lished navigation channels normally northerly to Point No Point Light; will be permitted to traverse the area thence northwesterly to the shore at upon coordination with range patrol latitude 38°15′45″; thence northeasterly vessels. The patrol vessels will ensure along the shore to the point of begin- safe separation between all non-partic- ning. Aerial and surface firing and ipant vessels and potentially hazardous dropping of nonexplosive ordnance will operations. be conducted throughout the year. (7) When potentially hazardous test- (2) The regulations. (i) Through navi- ing or training is not in progress or is gation of surface craft outside the tar- not about to commence, oystering and get areas will be permitted at all fishing boats and other craft may oper- times. Vessels shall proceed on their ate within the danger zone. normal course and shall not delay their (8) All potentially hazardous test or progress. training events will be performed in (ii) Prior to firing or ordnance drops, such a way as to contain the hazard the range will be patrolled by naval footprint to the established danger surface craft or aircraft to warn zone described in paragraph (a) of this watercraft likely to be endangered. section. Naval authorities will not be Surface craft so employed will display responsible for damage to nets, traps, a square red flag. Naval aircraft will buoys, pots, fish pounds, stakes, or use a method of warning consisting of

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repeated shallow dives in the area, fol- such agencies as he or she may des- lowing 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 (a) —(1) range outside target areas in accord- The danger zone Prohibited area. A circle 1,000 yards in radius with ance with Federal and State regula- its center at latitude 37°47′54″, lon- tions: Provided, That no permanent or gitude 76°03′48″. temporary fishing structures or oyster (2) Restricted area. A circle three nau- ground markers shall be placed on the tical miles in radius with its center at western side of the Chesapeake Bay be- latitude 37°47′54″, longitude 76°03′48″, ex- tween Point No Point and Cedar Point cluding the prohibited area. without prior written approval of the (b) The regulations. (1) Persons, ves- Commanding Officer, U.S. Naval Air sels or other craft shall not enter or re- Station, Patuxent River, Md. main in the prohibited area at any (v) Naval authorities will not be re- time unless authorized to do so by the sponsible for damage caused by projec- enforcing agency. tiles, bombs, missiles, or Naval or (2) Except as otherwise provided in Coast Guard vessels to fishing struc- paragraph (b)(6) of this section, per- tures or fishing equipment which may sons, vessels or other craft shall not be located in the aerial firing range im- enter or remain in the restricted area mediately adjacent to the target areas. when firing is or will soon be in (b) Target areas—(1) Prohibited area. A progress unless authorized to do so by circular area with a radius of 1,000 the enforcing agency. yards having its center at latitude (3) Advance notice will be given of 38°13′00″, longitude 76°19′00″ identified the date on which the first firing is to as Hooper Target. be conducted and such notice will be (2) The area. A circular area with a published in ‘‘Notice to Mariners.’’ radius of 1000 yards having its center at Thereafter, the danger zone will be in latitude 38 degrees 02 minutes 18 sec- use intermittently throughout the year onds longitude 76 degrees 09 minutes 26 and no further notice is contemplated seconds identified as Hannibal Target. that firing is continuing. (4) Warning that firing is or will soon (3) The regulations. Nonexplosive pro- be in progress will be indicated by a red jectiles and bombs will be dropped at flag displayed from one of six dolphin frequent intervals in the target areas. platforms on the perimeter of the pro- Hooper and Hannibal target areas shall hibited area, and by patrol vessels be closed to navigation at all times, ex- within the danger zone or by aircraft cept for vessels engaged in operational employing the method of warning and maintenance activities as directed known as ‘‘buzzing’’ which consists of by the Commanding Officer of the U.S. low flight by the airplane and repeated Naval Air Station, Patuxent River, opening and closing of the throttle. Maryland. No person in the waters, Surface or air search of the entire area vessel, or other craft shall enter or re- will be made prior to the commence- main in the closed area or climb on ment of firing on each scheduled day. targets except on prior written ap- During periods of firing a patrol vessel proval of the Commanding Officer, U.S. will remain in the approaches to the Naval Air Station, Patuxent River, restricted area and maintain contin- Maryland. uous contact with the firing planes to (c) Enforcement. The regulations in warn when the area is not clear. this section shall be enforced by the (5) Upon observing the warning flag Commanding Officer of the Naval Air or upon receiving a warning by any of Station, Patuxent River, Maryland and the patrol vessels or aircraft, persons,

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vessels or other craft shall imme- (2) All vessels, other than naval craft, diately vacate the restricted area and are forbidden to anchor within the dan- remain outside the area until the con- ger zone except in cases of great emer- clusion of firing for the day. gency. All vessels anchoring under cir- (6) This section shall not deny tra- cumstances of great emergency within verse of portions of the restricted area the area shall leave the area imme- by commercial craft proceeding in es- diately after the emergency ceases or tablished steamer lanes, but when fir- upon notification by the enforcing ing is or will soon be in progress all agency. such craft shall proceed on their nor- (3) Fishing, oystering, clamming, mal course through the area with all crabbing, and other aquatic activities practicable speed. are forbidden within the limits of the (7) All projectiles, bombs and rockets danger zone, except that existing fish- 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. the Navy will not be responsible for (4) Day and night firing over the damages by such projectiles, bombs, or range will be conducted intermittently rockets to nets, traps, buoys, pots, by one or more vessels, depending on fishpounds, stakes, or other equipment weather and operating schedules. When which may be located within the re- firing is in progress, adequate patrol by stricted area. naval craft will be conducted to pre- (8) The regulations of this section vent vessels from entering or remain- shall be enforced by the Commander, ing within the danger zone. Naval Air Bases, Fifth Naval District, (5) This section shall be enforced by Norfolk, Virginia, and such agencies as the Commandant, Fifth Naval District, he may designate. U. S. Naval Base, Norfolk, Virginia, [13 FR 6918, Nov. 24, 1948, as amended at 22 and such agencies as he may designate. FR 3706, May 25, 1957; 24 FR 3760, May 6, 1959. [13 FR 6918, Nov. 24, 1948, as amended at 22 Redesignated at 50 FR 42696, Oct. 22, 1985, as FR 6965, Dec. 4, 1957. Redesignated at 50 FR amended at 62 FR 17552, Apr. 10, 1997] 42696, Oct. 22, 1985]

§ 334.220 Chesapeake Bay, south of § 334.230 Potomac River. Tangier Island, Va.; naval firing (a) Naval Surface Warfare Center, range. Dahlgren, VA—(1) The areas. Portions of (a) The danger zone. Beginning at the Upper Machodoc Creek and Poto- latitude 37°46′39″, longitude 75°57′43″, mac River near Dahlgren, VA as de- thence to latitude 37°43′42″, longitude scribed below: 75°55′30″; thence to latitude 37°27′00″, (i) Lower zone. The entire portion of longitude 76°02′48″; thence to latitude the lower Potomac River between a 37°27′00″; longitude 76°08′00″; thence to line from Point Lookout, Maryland, to latitude 37°45′00″, longitude 76°09′48″; Smith Point, Virginia, and a line from thence to latitude 37°45′00″, longitude Buoy 14 (abreast of St. Clements Is- 76°08′51″; and thence along the circum- land) to a point near the northeast ference of a circle of five nautical miles shore of Hollis Marsh at latitude radius whose center is at latitude 38°10′00″, longitude 76°45′22.4″. Haz- 37°47′54″, longitude 76°03′48″, to the ardous operations are conducted in this point of beginning. zone at infrequent intervals. (b) The regulations. (1) Any vessel pro- (ii) Middle zone. Beginning at the pelled by mechanical means or by sail intersection of the Harry W. Nice at a speed greater than five knots may Bridge with the Virginia shore; thence proceed through the danger zone to and to Light 33; thence to latitude 38°19′06″, from points without, but not from one longitude 76°57′06″ which point is about point to another point within, the area, 3,300 yards east-southeast of Light 30; except when especially notified to the thence to Line of Fire Buoy O, about contrary. 1,150 yards southwest of Swan Point;

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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 of the Naval Support Facility Dahl- power at a speed greater than five gren, a distance of about 4,080 yards; miles per hour may proceed directly thence north along the Potomac shore through the danger zones without re- of Naval Surface Warfare Center, Dahl- striction except when notified to the gren to Baber Point; and thence west contrary by the patrol boat. Unless in- along the Upper Machodoc Creek shore structed to the contrary by the patrol of Naval Surface Warfare Center, Dahl- boat, small craft navigating up or down gren to Howland Point at latitude the Potomac River during hazardous 38°19′0.5″, longitude 77°03′23″; thence operations shall proceed outside of the northeast to latitude 38°19′18″, lon- northeastern boundary of the Middle gitude 77°02′29″, a point on the Naval Danger Zone. All craft desiring to Surface Warfare Center, Dahlgren enter the Middle Danger Zone when shore about 350 yards southeast of the base of the Navy recreational pier. Haz- proceeding in or out of Upper ardous operations are normally con- Machodoc Creek during hazardous op- ducted in this zone daily except Satur- erations will be instructed by the pa- days, Sundays, and national holidays. trol boat; for those craft that desire to (iii) Upper zone. Beginning at Mathias proceed in or out of Upper Machodoc Point, Va.; thence north to Light 5; Creek on a course between the western thence north-northeast to Light 6; shore of the Potomac River and a line thence east-southeast to Lighted Buoy from the Main Dock of Naval Surface 2, thence east-southeast to a point on Warfare Center, Dahlgren to Line of the Maryland shore at approximately Fire Buoy P, clearance will be granted latitude 38°23′35.5″, longitude 76°59′15.5″; to proceed upon request directed to the thence south along the Maryland shore patrol boat. to, and then along, a line passing (iii) Due to hazards of unexploded through Light 1 to the Virginia shore, ordnance, no person or craft in the parallel to the Harry W. Nice Bridge; Middle Danger Zone shall approach thence north with the Virginia shore to closer than 100 yards to the shoreline the point of beginning. Hazardous oper- of Naval Surface Warfare Center, Dahl- ations are conducted in this zone at in- gren, previously known as the Naval frequent intervals. Surface Weapons Center. (2) The regulations. (i) Hazardous op- (3) Enforcement. The regulations shall erations normally take place between be enforced by the Commander, Naval the hours of 8 a.m. and 5 p.m. daily ex- Surface Warfare Center, Dahlgren and cept Saturdays, Sundays and national such agencies as he/she may designate. holidays, with infrequent night firing Patrol boats, in the execution of their between 5 p.m. and 10:30 p.m. During a mission assigned herein, shall display a national emergency, hazardous oper- square red flag during daylight hours ations will take place between the for purposes of identification; at night

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time, a 32 point red light shall be dis- shall be visible to a person in a boat played at the mast head. Naval Surface near those points. Warfare Center, Dahlgren (Range Con- (ii) Persons desiring to cross the wa- trol) can be contacted by Marine VHF ters in the danger zone shall first de- radio (Channel 16) or by telephone (540) termine whether a red streamer is dis- 653–8791. played on the east Shore of Accotink (4) Exceptions. Nothing in this regula- Bay at its mouth or near the danger tion shall be intended to prevent com- zone boundary on Accotink Creek. If mercial fishing or the lawful use of ap- the red streamer is displayed, it will proved waterfowl hunting blinds along indicate that firing is in progress and the shorelines of Naval Surface War- that the waters in the danger zone are fare Center, Dahlgren, provided that all covered by rifle fire, and the area shall necessary licenses and permits have not be entered until the streamer is been obtained from the Maryland De- lowered. partment of Natural Resources, the (iii) The Post Commander is hereby Virginia Department of Game and In- authorized by using such agencies and land Fisheries, or the Potomac River equipment necessary to stop all per- Fisheries Commission. Waterfowl hunt- sons and boats at the boundary of the ers shall provide a completed copy of danger zone and prohibit their crossing their blind permit to the Natural Re- the area until convenient to the firing sources Manager at Naval Surface War- schedule to do so. fare Center, Dahlgren. Commercial [13 FR 6916, Nov. 24, 1948, as amended at 13 fishermen and waterfowl hunters must FR 9557, Dec. 31, 1948; 21 FR 2817, May 1, 1956; observe all warnings and range clear- 22 FR 2951, Apr. 26, 1957; 28 FR 349, Jan. 12, ances, as noted herein. Federal, State 1963; 48 FR 54597, Dec. 6, 1983. Redesignated and local law enforcement agencies are at 50 FR 42696, Oct. 22, 1985, as amended at 62 exempt from the provisions of para- FR 17552, Apr. 10, 1997; 76 FR 10523, Feb. 25, 2011] graph (a) of this section. (b) Accotink Bay, Accotink Creek, and § 334.235 Potomac River, Marine Corps Pohick Bay; U.S. Military Reservation, Base Quantico (MCB Quantico) in , Va—(1) The danger zone. vicinity of Marine Corps Air Facil- The waters of Accotink Bay, Accotink ity (MCAF), restricted area. Creek, and Pohick Bay, Virginia, with- (a) The area. All of the navigable wa- in and adjacent to the target ranges of ters of the Potomac River extending the U.S. Military Reservation, Fort approximately 500 meters from the Belvoir, as follows: All of Accotink high-water mark on the Eastern shore- Bay; all of Accotink Creek below the line of the MCAF, bounded by these co- bridge which crosses Accotink Creek ordinates (including the Chopawamsic approximately 400 yards south of U.S. Creek channel, but excluding Highway No. 1; and that portion of Chopawamsic Island): Beginning at Pohick Bay bordering its north shore. latitude 38°29′34.04″ N, longitude The mouth of Accotink Bay and that 077°18′22.4″ W (Point A); thence to lati- portion of Pohick Bay within the dan- tude 38°29′43.01″ N, longitude 077°18′4.1″ ger zone will be marked by the Post (Point B); thence to latitude 38°29′55.1″ Commander with suitable warning N, longitude 077°17′51.3″ W (Point C); buoys. thence to latitude 38°30′10.1″ N, lon- (2) The regulations. (i) When firing af- gitude 077°17′40.3″ W (Point D); thence fecting the area is in progress, the Post to latitude 38°30′23.43″ N, longitude Commander will post guards at such lo- 077°17′50.30″ W (Point E); then along the cations that the waters in the danger western shoreline of Chopawamsic Is- zone may be observed and arrange sig- land to latitude 38°30′35.13″ N, longitude nals whereby these guards may stop 077°17′47.45″ W (Point F); thence to lati- the firing should any person be seen in tude 38°30′42.1″ N, longitude 077°17′37.1″ the danger zone. When firing is in W (Point G); thence to latitude progress, the Post Commander will 38°30′50.71″ N, longitude 077°17′54.12″ W cause to be displayed both on the east (Point H); then along the shoreline to shore of Accotink Bay at its mouth and latitude 38°30′0.058″ N, longitude near the danger zone boundary on 077°18′39.26″ W (Point I); then across the Accotink Creek a red streamer which Chopawamsic Channel to latitude

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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 reflective material will be placed Creek from the pilings remaining from across the Chopawamsic Creek channel the footbridge to the mouth of the at the entrance to the channel from creek; thence in a northeasterly direc- the Potomac River and immediately tion along the easterly shore of the Po- west of the CSX railroad bridge. tomac River to the point of beginning. (c) Enforcement. The regulations in (b) The regulations. (1) Firings con- this section shall be enforced by the sisting of controlled explosions within Commander, MCB Quantico or any the danger zone, and controlled shore such agencies he/she designates. The operations, or accidental explosions, areas identified in paragraph (a) of this hazardous to vessel traffic within the section will be monitored 24 hours a limits of the danger zone, may take day, 7 days a week. Any person or ves- place at any time of the day or night sel encroaching within the areas iden- and on any day of the week. tified in paragraph (a) of this section (2) Flashing red lights, horns, and will be directed to immediately leave signs established at appropriate points the restricted area. Failure to do so will warn vessels of impending tests or could result in forceful removal and/or operations considered to be hazardous criminal charges. to vessels within the danger zone. (d) Exceptions. Commercial fisherman (3) No persons or vessels except ves- will be authorized controlled access to sels of the United States or vessels au- the restricted area (with the exception thorized by the enforcing agency shall of Chopawamisc Creek channel) after enter or remain in the danger zone registering with MCB Quantico offi- while lights are flashing, when warning cials and following specific access noti- horns are in operation, or when warned fication procedures. or directed by a patrol vessel. (4) Nothing in this section shall pro- [76 FR 6328, Feb. 4, 2011; 76 FR 10524, Feb. 25, 2011] hibit the use of Mattawoman Creek or Chicamuxen Creek as a harbor of ref- § 334.240 Potomac River, Mattawoman uge because of stress of weather. Creek and Chicamuxen Creek; U.S. (5) Except as prescribed in paragraph Naval Surface Weapons Center, In- (b)(3) of this section, persons and ves- dian Head Division, Indian Head, sels may enter and proceed through the Md. danger zone without restriction. How- (a) The danger zone. Beginning at a ever, accidental explosions may occur point on the easterly shore of the Poto- at any time and persons and vessels en- mac River at latitude 38°36′00″, lon- tering the area do so at their own risk. gitude 77°11′00″; thence to latitude (6) Fishermen operating in the dan- 38°34′30″; longitude 77°13′00″; thence to ger zone when warning signals are latitude 38°33′20″, longitude 77°14′20″; sounded shall evacuate the area imme- thence to latitude 38°32′20″, longitude diately.

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(7) The regulations in this section N, longitude 76°30′54″ W; thence to lati- shall be enforced by the Commanding tude 37°15′05″ N, longitude 76°31′27″ W; Officer, U.S. Naval Surface Warfare thence to latitude 37°15′27″ N, longitude Center, Indian Head Division, Indian 76°31′48″ W; thence to latitude 37°15′42″ Head, Maryland. N, longitude 76°32′06″ W; thence to lati- ° ′ ″ ° ′ ″ [26 FR 9748, Oct. 17, 1961, as amended at 48 FR tude 37 15 40 N, longitude 76 32 09 W; 54598, Dec. 6, 1983. Redesignated at 50 FR and thence to the point of beginning. 42696, Oct. 22, 1985, as amended at 62 FR 17552, (3) Explosives-Handling Berth (Naval). Apr. 10, 1997] A circular area of 600 yards radius with its center at latitude 37°13′56″ N, lon- § 334.250 Gunston Cove, at Whitestone gitude 76°28′48″ W. Point, Va.; U.S. Army restricted (4) Felgates Creek (prohibited). Navi- area. gable waters of the United States as (a) The area. The waters within an defined at 33 CFR part 329 within area beginning at a point on the shore- Felgates Creek from the boundary line at longitude 77°08′36″; thence to fence line at the mouth to the mean latitude 38°40′22″, longitude 77°08′39″; high water line of the head and all as- thence to latitude 38°40′14″, longitude sociated tributaries. The area contains 77°08′22″; thence to a point on the shore- the entirety of Felgates Creek and all line at longitude 77°08′18″ and thence associated tributaries south of the line along the shoreline to the point of be- which begins at latitude 37°16′24″ N, ginning. longitude 76°35′12″ W and extends east (b) The regulations. No person, vessel, to latitude 37°16′21″ N, longitude or other craft shall enter or remain in 76°35′00″ W. the area at any time except as author- (5) Indian Field Creek (prohibited). ized by the enforcing agency. Navigable waters of the United States (c) The regulations in this section as defined at 33 CFR part 329 within In- shall be enforced by the District Engi- dian Field Creek from the boundary neer, U.S. Army Engineer District, fence line at the mouth to the mean Philadelphia, Pa., and such agencies as high water line of the head and all as- he may designate. sociated tributaries. The area contains [31 FR 16560, Dec. 28, 1966. Redesignated at 50 the entirety of Indian Field Creek and FR 42696, Oct. 22, 1985] all associated tributaries south of the line which begins at latitude 37°16′05″ § 334.260 York River, Va.; naval re- N, longitude 76°33′29″ W and extends stricted areas. east to latitude 37°16′01″ N, longitude (a) The areas—(1) Naval mine service- 76°33′22″ W. testing area (prohibited). A rectangular (b) The regulations. (1) All persons and area surrounding Piers 1 and 2, Naval all vessels other than naval craft are Weapons Station, and extending up- forbidden to enter the prohibited area stream therefrom, beginning at a point described in paragraph (a)(1) of this on the shore line at latitude 37°15′25″ N, section. longitude 76°32′32″ W; thence to latitude (2) Trawling, dragging, and net-fish- 37°15′42″ N, longitude 76°32′06″ W; thence ing are prohibited, and no permanent to latitude 37°15′27″ N, longitude obstructions may at any time be placed 76°31′48″ W; thence to latitude 37°15′05″ in the area described in paragraph N, longitude 76°31′27″ W; thence to a (a)(2) of this section. Upon official noti- point on the shore line at latitude fication, any vessel anchored in the 37°14′51″ N, longitude 76°31′50″ W; and area and any person in the area will be thence along the shore line to the point required to vacate the area during the of beginning. actual mine-laying operation. Persons (2) Naval mine service-testing area (re- and vessels entering the area during stricted). A rectangular area adjacent to mine-laying operations by aircraft the northeast boundary of the prohib- must proceed directly through the area ited area described in paragraph (a)(1) without delay, except in case of emer- of this section, beginning at latitude gency. Naval authorities are required 37°16′00″ N, longitude 76°32′29″ W; thence to publish advance notice of mine-lay- to latitude 37°16′23″ N, longitude ing and/or retrieving operations sched- 76°32′00″ W; thence to latitude 37°15′27″ uled to be carried on in the area, and

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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 retrieving operations. Naval Supply Center, Williamsburg, (3) The Explosives-Handling Berth Virginia. (Naval) described in paragraph (a)(3) of this section is reserved for the exclu- [22 FR 4814, July 9, 1957. Redesignated at 50 sive use of naval vessels and except in FR 42696, Oct. 22, 1985] cases of emergency no other vessel shall anchor therein without the per- § 334.275 North and Southwest Branch, 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, Virginia. There shall be no restriction on the (a) The area. Beginning at a point on movement of vessels through the Ex- the island at the entrance to Tide Mills plosive-Handling Berth. Creek in the Southwest Branch of the ° ′ ″ (4) Vessels shall not be anchored, nor Back River at latitude 37 03 50 N, lon- ° ′ ″ shall persons in the water approach gitude 076 22 00 W, thence along the within 300 yards of the perimeter of the shore of , 35 Explosives-Handling Berth (Naval) yards off the ordinary mean high water when that berth is occupied by a vessel (MHW) mark, to a point in the North- handling explosives. west Branch of the Back River at lati- ° ′ ″ ° ′ ″ (5) All persons and all vessels are for- tude 37 06 40 N, longitude 076 22 55 W. bidden to enter the prohibited areas de- (b) The regulations. (1) No persons or scribed in paragraphs (a)(4) and (a)(5) of vessels, recreational or commercial, this section without prior permission may enter this restricted area without of the enforcing agency. the permission of the Commanding Of- (6) The regulations of this section ficer, Langley Air Force Base. shall be enforced by the Commander, (2) The Commanding Officer shall not Naval Weapons Station Yorktown, Vir- prevent persons from fulfilling their ginia, and such agencies as he/she may legal obligation to the Commonwealth designate. of Virginia with regard to oyster plant- ing ground leases that lie within the [77 FR 61723, Oct. 11, 2012] restricted area. The Commanding Offi- § 334.270 York River adjacent to cer may, at his/her discretion, require Cheatham Annex Depot, Naval Sup- those persons and vessels working ply Center, Williamsburg, Va.; re- those leases to register with the Lang- stricted area. ley Air Force Base Security Officer on (a) The area. The waters of York an annual basis. Failure to comply River bounded as follows: Beginning at with this request may result in denial a point on shore at Cheatham Annex to access the oyster grounds until such Depot at latitude 37°17′14″ N., longitude time as the request has been complied 76°35′38″ W.; thence to a point offshore with. at latitude 37°17′52″ N., longitude (3) Persons or vessels contracted with 76°35′20″ W.; thence approximately par- or utilized by the Commonwealth of allel to the shore to a point at latitude Virginia to work the oyster grounds 37°17′23″ N., longitude 76°34′39″ W.; shall give verbal notification to the thence to the shore at latitude 37°16′58″ base Security Office prior to entering N., longitude 76°35′03″ W.; and thence the restricted area. along the shore at Cheatham Annex (4) City, State and Federal law en- Depot to the point of beginning. forcement vessels may enter the re- (b) The regulations. (1) No loitering stricted area at any time they deem will be permitted within the area. Oys- necessary for the enforcement of their termen may work their own leaseholds respective laws. or public bottom within the area, pro- (c) Enforcement. The regulations in vided they obtain special permission this section shall be enforced by the from the Officer in Charge, Cheatham Commanding Officer of the Langley Air

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Force Base and such agencies as he/she waterline of Warwick River, thence to may designate. a point on the installation boundary at latitude 37°04′35″ N, longitude 76°33′19″ [58 FR 47788, Sept. 10, 1993] W. § 334.280 James River, Skiffes Creek (4) James River and any tributaries, and Warwick River surrounding creeks, estuaries, tidal areas, to include Joint Base Langley-Eustis, Virginia; Nells Creek, Locust Neck Creek, Dudleys restricted areas and danger zones. Creek, Morrisons Creek, Morleys Gut, (a) The areas. The datum for the co- Blows Creek, and Milstead Creek (re- ordinates for the restricted areas and stricted area). Navigable waters of the danger zones described in this section United States as defined at 33 CFR part is NAD–83. 329 within the boundaries of Fort (1) Army Training and Small Craft Test- Eustis, north/north-easterly of a line ing Area (restricted area). Beginning on connecting the following coordinates: the shore at latitude 37°09′53″ N, lon- Commencing from the shoreline at gitude 76°36′23″ W; thence westerly to latitude 37°04′35″ N, longitude 76°33′19″ latitude 37°09′53″ N, longitude 76°36′59″ W; thence following the meanders of W; thence westerly to latitude 37°09′50″ the installation boundary along the N, longitude 76°37′45″ W; thence south- northeasterly mean low waterline of erly to latitude 37°09′00″ N, longitude the James River, thence to a point on 76°38′05″ W; thence southerly to lati- the installation boundary at latitude tude 37°08′22″ N, longitude 76°37′55″ W; 37°10′03″ N, longitude 76°36′25″ W at a thence due east to the shore at latitude point at the mouth of Skiffes Creek. 37°08′22″ N, longitude 76°37′20″ W; thence (5) Skiffes Creek and any tributaries, northerly following the shoreline to creeks, estuaries, tidal areas, to include the point of beginning. Baileys Creek (restricted area). All navi- (2) 3rd Port Facility (restricted area). gable waters of the United States as An area surrounding the 3rd Port facil- defined at 33 CFR part 329 within the ity, , beginning at a point boundaries of Fort Eustis, easterly of a on the shoreline at latitude 37°09′53″ N, line connecting the following coordi- longitude 76°36′23″ W; thence northerly, nates: Commencing from a point on the following the shoreline to latitude installation boundary at latitude 37°10′03″ N, longitude 76°36′25″ W; thence 37°10′03″ N, longitude 76°36′25″ W; thence northerly, following the shoreline to northerly, following the shoreline to latitude 37°10′19″ N, longitude 76°36′07″ latitude 37°10′19″ N, longitude 76°36′07″ W; thence northerly, across the mouth W; thence northerly, across the mouth of Bailey’s Creek to latitude 37°10′24″ N, of Bailey’s Creek to latitude 37°10′24″ N, longitude 76°36′02″ W; thence northerly, longitude 76°36′02″ W; thence northerly, following the shoreline to latitude following the shoreline to latitude 37°10′29″ N, longitude 76°36′06″ W; thence 37°10′29″ N, longitude 76°36′06″ W; thence westerly, across Skiffes Creek to lati- northerly, following the meanders of tude 37°10′33″ N, longitude 76°36′20″ W; the installation boundary to a point at thence southerly following the shore- the centerline of an unnamed tributary line to latitude 37°10′13″ N, longitude at latitude 37°10′36″ N, longitude 76°36′42″ W; thence southerly to lati- 76°36′01″ W; thence southeasterly, fol- tude 37°09′53″ N, longitude 76°36′59″ W; lowing the centerline of the unnamed thence to the point of beginning. tributary to a point on the installation (3) Warwick River and any tributaries, boundary at latitude 37°10′24″ N, lon- creeks, estuaries, tidal areas, to include gitude 76°35′32″ W. Butlers Gut and Jail Creek (restricted (6) Danger Zone Warwick River. Navi- area). All navigable waters of the gable waters of the United States as United States as defined in 33 CFR part defined at 33 CFR part 329 that en- 329 within the boundaries of Fort croach upon the boundaries of the Dan- Eustis, westerly of a line connecting ger Zone of Fort Eustis, westerly of a the following coordinates: Commencing line connecting the following coordi- from the shoreline at latitude 37°09′47″ nates: Commencing from the installa- N, longitude 76°33′52″ W; thence fol- tion boundary at latitude 37°06′44″ N, lowing the meanders of the installation longitude 76°34′04″ W; thence to a point boundary along the westerly mean low at latitude 37°06′44″ N, longitude

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76°34′02″ W; thence to a point at lati- the installation boundary at latitude tude 37°06′35″ N, longitude 76°33′56″ W; 37°06′50″ N, longitude 76°36′21″ W. thence to a point at latitude 37°06′28″ N, (b) The regulations. (1) For the re- longitude 76°33′57″ W; thence to a point stricted areas defined in paragraphs at latitude 37°06′15″ N, longitude (a)(1) and (2) of this section: 76°33′30″ W; thence to a point at lati- (i) All vessels will contact the 3rd tude 37°05′43″ N, longitude 76°33′13″ W; Port Harbor Master on marine channel thence to a point at latitude 37°05′33″ N, 12 or 68 prior to entering or transiting longitude 76°33′17″ W; thence to a point these restricted areas. at latitude 37°05′13″ N, longitude (ii) The passage of fishing vessels to 76°32′53″ W; thence to a point at lati- or from authorized traps, or the transit tude 37°05′03″ N, longitude 76°33′09″ W; of commercial vessels, will be coordi- thence following the meanders of the nated with the 3rd Port Harbor Master installation boundary along the south- on marine channel 12 or 68. westerly mean low waterline of War- (iii) The harvesting and cultivation wick River, thence to a point at lati- of oyster beds or the setting of fish tude 37°04′52″ N, longitude 76°33′13″ W; traps within these restricted areas will thence to a point at latitude 37°04′49″ N, be allowed provided the commercial longitude 76°33′11″ W; thence to a point fisherman coordinate access to these at latitude 37°04′43″ N, longitude areas with the 3rd Port Harbor Master 76°33′28″ W; thence following the mean- on marine channel 12 or 68. ders of the installation boundary along (iv) The Commander, Joint Base the southwesterly mean low waterline Langley-Eustis will, to the extent pos- of Warwick River, thence to a point at sible, give public notice from time to latitude 37°04′35″ N, longitude 76°33′19″ time through local news media and the W. Coast Guard’s Local Notice to Mariners (7) Danger Zone James River. Navi- of the schedule of intended Department gable waters of the United States as of Defense use of the restricted areas. defined at 33 CFR part 329 that en- (2) For the restricted areas defined in croach upon the boundaries of the Dan- paragraphs (a)(3), (4), and (5) of this ger Zone of Fort Eustis, north/north- section: easterly of a line connecting the fol- (i) Entry into these areas is for offi- lowing coordinates: Commencing from cial government purposes only, or as the installation boundary at latitude authorized by the Commander, Joint 37°04′35″ N, longitude 76°33′19″ W; thence Base Langley-Eustis. following the meanders of the installa- (ii) Entry will be coordinated and tion boundary along the easterly mean conducted in accordance with the poli- low waterline of James River to a point cies and procedures established by the at latitude 37°04′39″ N, longitude Commander, Joint Base Langley- 76°33′39″ W; thence to a point at lati- Eustis. tude 37°04′33″ N, longitude 76°34′15″ W; (3) For the danger zones defined in thence to a point at latitude 37°04′52″ N, paragraphs (a)(6) and (7) of this section: longitude 76°34′19″ W; thence to a point (i) Persons, vessels or other craft at latitude 37°04′52″ N, longitude shall not enter or remain in the danger 76°34′18″ W; thence to a point at lati- zone when firing is or will soon be in tude 37°04′60″ N, longitude 76°34′20″ W; progress unless authorized to do so by thence to a point at latitude 37°05′19″ N, the enforcing agency. longitude 76°34′51″ W; thence to a point (ii) Advance notice of the schedule of at latitude 37°05′53″ N, longitude small arms firing will be provided via 76°35′00″ W; thence to a point at lati- the Joint Base Langley-Eustis web tude 37°06′03″ N, longitude 76°35′08″ W; page. thence following the meanders of the (iii) All projectiles will be fired to installation boundary along the eas- land within the impact area on the terly mean low waterline of James Fort Eustis peninsula. Neither the De- River, thence to a point at latitude partment of the Army nor the Depart- 37°06′40″ N, longitude 76°35′52″ W; thence ment of the Air Force will be respon- to a point at latitude 37°06′35″ N, lon- sible for damages by such projectiles to gitude 76°36′19″ W; thence to a point on nets, traps, buoys, pots, fishpounds,

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stakes, or other equipment which may § 334.290 Elizabeth River, Southern be located within these danger zones. Branch, Va., naval restricted areas. (c) Enforcement. The regulations of (a) The areas—(1) St. Helena Annex this section shall be enforced by the Area. Beginning at a point at St. Hel- Commander, Joint Base Langley- ena Annex of the Norfolk Naval Ship- Eustis, Virginia, and such agencies as yard, on the eastern shore of Southern the commander may designate. Branch of Elizabeth River, at latitude 36°49′43″, longitude 76°17′26.5″; thence in [84 FR 64201, Nov. 21, 2019] a southwesterly direction to a point on the eastern boundary of Norfolk Har- § 334.285 York River and the Naval bor 40-foot channel at latitude 36°49′42″, Weapons Station Yorktown- ° ′ ″ Cheatham Annex, Yorktown, Vir- longitude 76 17 33 ; thence in a south- ginia; danger zone. erly direction along the eastern bound- ary of Norfolk Harbor 40-foot channel (a) The area. The waters within an to latitude 36°49′28″, longitude 76°17′27″; area beginning at mean high water on thence easterly to the shore at latitude the shore at the facility located at lati- 36°49′28″, longitude 76°17′22″; and thence, tude 37°17′33.10″ N, longitude 76°36′19.06″ northerly along the shore to the point W; then northeast to a point in the of beginning. York River at latitude 37°18′36.65″ N, (2) Area. Be- longitude 76°34′39.01″ W; thence south, ginning at a point on the shore at the southeast to latitude 37°17′59.37″ N, lon- northeast corner of the Norfolk Naval gitude 76°34′13.65″ W; then southwest to Shipyard, at latitude 36°49′43.5″, lon- a point on the shore located at latitude gitude 76°17′41.5″; thence due east ap- 37°17′26.75″ N, longitude 76°36′14.89″ W. proximately 100 feet to the western (b) The regulations. (1) Vessels and boundary of Elizabeth River channel; thence in a southerly direction along persons may transit this area at any the western boundary of the channel to time. No vessel or persons shall anchor, the point where it passes through the fish or conduct any waterborne activi- draw of the Norfolk and Portsmouth ties within the danger zone established Belt Line Railroad Bridge, thence in a in accordance with this regulation any southwesterly direction along the time live firing exercises are being con- northerly side of the bridge to the ducted. western shore of Southern Branch of (2) Anytime live firing is being con- Elizabeth River; and thence along the ducted, the person or persons in charge shore in a northerly direction to the shall display a red flag from a con- point of beginning. spicuous location along the shore to (3) Southgate Terminal Area. Begin- signify the range is active and post ning at a point at the northeast corner lookouts to ensure the safety of all ves- of Southgate Terminal Annex of Nor- sels passing through the area. At night, folk Naval Shipyard, at latitude red lights will be displayed in lieu of 36°48′23″, longitude 76°17′39″; thence east flags. to latitude 36°48′23″, longitude 76°17′29″; (3) No firing activities shall be con- thence southerly along the western ducted when the visibility is less than boundary of Norfolk Harbor 35-foot ° ′ ″ the maximum range of the weapons channel to latitude 36 48 04 , longitude ° ′ ″ being used at the facility or while a 76 17 33 ; thence west to latitude 36°48′04″, longitude 76°17′41″; and thence vessel is within the danger zone. along the shore in a northerly direc- (4) Recreational and commercial ac- tion to the point of beginning. tivities may be conducted in this area (b) The regulations. (1) No vessels anytime the range is inactive. other than Naval vessels and other ves- (c) Enforcement. The regulations in sels authorized to move to and from this section shall be enforced by the piers at the Norfolk Naval Shipyard Commander, Naval Weapons Station, and its two annexes described in para- Yorktown, or such agencies as he or graph (a) (1) and (3) of this section, and she may designate. no person other than persons embarked in such vessels, shall enter the re- [79 FR 35050, June 19, 2014] stricted areas.

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(2) This section shall be enforced by W; thence to latitude 36°57′47.7″ N, the Commander, Norfolk Naval Ship- 76°18′57″ W; thence southeasterly to yard, Portsmouth, Va., and such agen- latitude 36°57′26″ N, longitude 76°18′42″ cies as he may designate. W; thence easterly to latitude ° ′ ″ ° ′ ″ [19 FR 2232, Apr. 17, 1954, as amended at 35 36 57 26.2 N, longitude 76 17 55.2 W; FR 2660, Feb. 6, 1970. Redesignated at 50 FR thence southerly to latitude 36°57′05″ N, 42696, Oct. 22, 1985] longitude 76°17′52″ W; thence southeast- erly to latitude 36°56′56.2″ N, longitude § 334.293 Elizabeth River, Craney Is- 76°17′27″ W; thence northeasterly to land Refueling Pier Restricted latitude 36°57′10″ N, latitude 76°16′29″ W; Area, Portsmouth VA; naval re- stricted area. thence to the shoreline at latitude 36°57′18.8″ N, longitude 76°16′22″ W at the (a) The area. (1) The waters within an Naval Air Station. area beginning at a point on the shore at latitude 36°53′17.4″ N, longitude (2) Beginning at a point on the Naval ° ′ ″ 76°20′21″ W; thence easterly to latitude Station shore at latitude 36 56 37.5 N, ° ′ ″ 36°53′16.8″ N, longitude 76°20′14.4″ W: longitude 76 19 44 W; thence westerly thence southwesterly to latitude and northerly along the breakwater to 36°53′00″ N, longitude 76°20′18″ W; thence its extremity at latitude 36°56′41.5″ N, southeasterly to latitude 36°52′55.2″ N, longitude 76°19′54″ W; thence westerly longitude 76°20′16.5″ W: thence south- to a point on the eastern limit of Nor- westerly to latitude 36°52′52.2″ N, lon- folk Harbor Channel at latitude gitude 76°20′18″ W; thence southwest- 36°56′41.5″ N, longitude 76°20′05.5″ W; erly to latitude 36°52′49.8″ N, longitude thence northerly along the eastern 76°20′25.8″ W: thence northwesterly to limit of Norfolk Harbor Channel to latitude 36°52′58.2″ N, longitude latitude 36°57′52″ N, longitude 76°20′00″ 76°20′33.6″ W; thence northeasterly to a W; thence easterly to latitude 36°57′52″ point on the shore at latitude 36°53′00″ N, longitude 76°19′35″ W; thence to lati- N, longitude 76°20′30″ W; thence north- tude 36°57′47.7″ N., longitude 73°18′57″ W; erly along the shoreline to the point of thence southeasterly to latitude beginning. 36°57′26″ N, longitude 76°18′42″ W; thence (b) The regulation. No vessel or per- easterly to latitude 36°57′26.2″ N, lon- sons may enter the restricted area un- gitude 76°17′55.2″ W; thence southerly to less specific authorization is granted latitude 36°57′05″ N, longitude 76°17′52″ by the Commander, Navy Region, Mid- W; thence southeasterly to latitude Atlantic and/or other persons or agen- 36°56′56.2″ N, longitude 76°17′27″ W; cies as he/she may designate. thence northeasterly to latitude (c) Enforcement. The regulation in 36°57′10″ N, longitude 76°16′29″ W; and this section, promulgated by the Corps of Engineers, shall be enforced by the thence to the shoreline at latitude ° ′ ″ ° ′ ″ Commander, Navy Region, Mid-Atlan- 36 57 18.8 N, longitude 76 16 22 W, at tic, and such agencies or persons as he/ the Naval Air Station. she may designate. (b) The regulation. No vessel or per- sons may enter the restricted area un- [67 FR 6654, Feb. 13, 2002] less specific authorization is granted § 334.300 Hampton Roads and by the Commander, Navy Region, Mid- Willoughby Bay, Norfolk Naval Atlantic and/or other persons or agen- Base, naval restricted area, Norfolk, cies as he/she may designate. Virginia. (c) Enforcement. The regulation in (a) The area. (1) The waters within an this section, promulgated by the area beginning at latitude 36°55′55″ N, United States Army Corps of Engi- longitude 76°20′02″ W; thence north- neers, shall be enforced by the Com- westerly to latitude 36°56′00″ N, lon- mander, Navy Region, Mid-Atlantic, gitude 76°20′08″ W; thence northerly and/or such agencies or persons as he/ along the eastern limit of Norfolk Har- she may designate. bor Channel to latitude 36°57′52″ N, lon- gitude 76°20′00″ W; thence easterly to [67 FR 10844, Mar. 11, 2002] latitude 36°57′52″ N, longitude 76°19′35″

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§ 334.305 Little Creek Harbor, Fisher- (ii) When Commanding Officer, Joint man’s Cove, Joint Expeditionary Expeditionary Base Little Creek-Fort Base Little Creek-Fort Story, Little Story is ordered to implement Force Creek, Virginia, Restricted Areas. Protection Conditions (FPCONs) Char- (a) The Little Creek Restricted Areas. lie/Delta, or when specific authority is The Little Creek Restricted Areas con- granted by the District Engineer, all sist of two distinct areas: The Outer vessel traffic movement can be re- Harbor Restricted Area and the Inner stricted except for those vessels that Harbor Restricted Area. The datum for meet the criteria in paragraph (c)(2) of the coordinates in this section is NAD– this section. FPCONs are a system of 83. protective measures used by the De- (1) The Outer Harbor Restricted Area. partment of Defense (DOD) installa- The waters within an area beginning at tions to guard against and deter ter- latitude 36°55′57.7″ N, longitude 76°10′35″ rorist attack. Senior commanders as- W; thence southwesterly to a point at sign the FPCONs for their region, and latitude 36°55′53″ N, longitude 76°10′44″ installation commanders may raise W, thence southerly to latitude FPCONS and tighten security meas- ures based on local conditions. In the 36°55′21.2″ N, longitude 76°10′42″ W; event FPCONs Charlie/Delta is imple- thence southwesterly to latitude mented by the Commanding Officer, 36°55′18.3″ N, longitude 76°10′49″ W; Joint Expeditionary Base Little Creek, thence northwesterly to a point in which requires the restriction of vessel Fisherman’s Cove at latitude 36°55′22″ traffic movement in the Outer Harbor N, longitude 76°11′15.5″ W; thence south- Restricted Area, the installation will erly to latitude 36°55′19.2″ N, longitude coordinate with the U.S. Coast Guard, 76°11′16″ W, thence easterly near the Fifth District; Army Corps of Engi- southern shoreline of Fisherman’s ° ′ ″ neers, Norfolk District; and state and Cove, to latitude 36 55 15.8 N, longitude local law enforcement and govern- 76°10′58.8″ W; and ending at latitude ° ′ ″ ° ′ ″ mental authorities. The installation 36 55 18 N, longitude 76 10 30 W; thence will also disseminate information to to the point of origin. the public and local news media out- (2) The Inner Harbor Restricted Area. lets. Information on whether vessel The waters within Little Creek Harbor traffic movement has been restricted south of a line beginning at latitude in the Outer Harbor Restricted Area 36°55′15.8″ N, longitude 76°10′58.8″ W; and due to the implementation of FPCONs ending at latitude 36°55′18″ N, longitude Charlie/Delta will also be published and 76°10′30″ W. disseminated by the U.S. Coast Guard. (b) The regulations—(1) The Outer Har- (2) The Inner Harbor Restricted Area. bor Restricted Area. (i) All privately All vessels or persons intending to owned vessels, properly registered and transit inbound/outbound of the Inner bearing identification in accordance Harbor Restricted Area shall request with Federal and/or State laws and reg- permission from Little Creek Harbor ulations, and all Government owned Port Control using VHF–FM channel 12 vessels (public vessels) may enter or prior to transiting and will provide exit the waters described in paragraph their destination/intentions with the (a)(1) of this section at any time and exception of those vessels that meet transit inbound/outbound of the the criteria in paragraph (c)(2) of this marked dredged channel leading to Lit- section. The Inner Harbor Restricted tle Creek Harbor between jetties 8 Area is limited to those privately miles westward of Cape Henry Light. owned vessels or persons calling upon All vessels transiting inbound/out- the commercial/private piers located bound of the channel except for those within the Inner Harbor and govern- vessels listed in paragraph (c)(2) of this ment owned vessels (public vessels) section shall proceed at speeds com- transiting to and from U.S. Navy or mensurate with minimum wake. Any U.S. Coast Guard facilities and author- vessel equipped with a marine radio ized DOD patrons of the U.S. Navy rec- can monitor VHF–FM channel 12 for reational marina. No other vessels or message traffic from Little Creek Port persons may enter or exit this area un- Control. less specific authorization is granted

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by Commanding Officer, Joint Expedi- elevated DOD Force Protection condi- tionary Base Little Creek-Fort Story, tions in the Harbor, or other safety of and/or other persons or agencies as he/ navigation constraints. she may designate. (3) All vessels or persons transiting [84 FR 38875, Aug. 8, 2019] inbound/outbound of the Inner Harbor § 334.310 Chesapeake Bay, Lynnhaven Restricted Area are subject to all ap- Roads; navy amphibious training plicable federal and state laws includ- area. ing laws or regulations designed to pro- tect the naval facility and persons or (a) The restricted area. Beginning at ° ′ ″ ° ′ ″ vessels assigned therein. Federal and latitude 36 55 47 , longitude 76 11 04.5 ; ° ′ ″ state law enforcement officials may at thence to latitude 36 59 04 , longitude ° ′ ″ ° ′ ″ any time take action to ensure compli- 76 10 11 ; thence to latitude 36 58 28.5 , ° ′ ″ ance with their respective laws. In ad- longitude 76 07 54 ; thence to latitude dition, this regulation authorizes Navy 36°55′27.5″, longitude 76°08′42″; thence security personnel, designated by Com- westerly along the shore and across the mander, Joint Expeditionary Base Lit- mouth of Little Creek to the point of tle Creek-Fort Story or persons au- beginning. thorized to act in his/her behalf, the (b) The regulations. (1) No fish-pound authority to ascertain the identity and stakes or structures shall be allowed in intent of any vessels and/or persons the restricted area. transiting the restricted area that indi- (2) No person or vessel shall approach cate by way of appearance or action within 300 yards of any naval vessel or they are a possible threat to govern- within 600 yards of any vessel dis- ment assets. If a determination is made playing the red ‘‘baker’’ burgee. that the vessel and/or persons are a (3) This section shall be enforced by threat to government assets located the Commandant, Fifth Naval District, within the restricted area, Navy secu- and such agencies as he may designate. rity units may take actions as provided by law or regulation that are deemed [13 FR 6920, Nov. 24, 1948, as amended at 22 FR 5956, July 27, 1957. Redesignated at 50 FR necessary to protect government per- 42696, Oct. 22, 1985, as amended at 62 FR 17553, sonnel and assets located within the re- Apr. 10, 1997; 62 FR 24034, May 2, 1997] stricted area. (c) Enforcement. (1) The regulation in § 334.320 Chesapeake Bay entrance; this section shall be enforced by the naval restricted area. Commanding Officer, Joint Expedi- (a) The area. Beginning at a point on tionary Base Little Creek-Fort Story, the south shore of Chesapeake Bay at U.S. Coast Guard, local/state law en- longitude 76°03′06″; thence to latitude forcement, and/or persons or agencies 37°01′18″, longitude 76°02′06″; thence to as he/she may designate during emer- latitude 37°00′18″, longitude 75°55′54″; gency situations. thence to latitude 36°58′00″, longitude (2) Federal and state law enforcement 75°48′24″; thence to latitude 36°51′48″, vessels and personnel may enter any- longitude 75°51′00″; thence to the shore where in the restricted area at any at longitude 75°58′48″, and thence north- time in the operation of their statu- westerly and southwesterly along the tory missions or to enforce their re- shore at Cape Henry to the point of be- spective laws. ginning. (3) Nothing in this regulation is deemed to preempt 33 CFR 165.501. (b) The regulations. (1) Anchoring, (4) Vessels or persons calling upon trawling, crabbing, fishing, and drag- the commercial/private piers located ging in the area are prohibited, and no within the Inner Harbor with proper object attached to a vessel or otherwise identification and clearance will be al- shall be placed on or near the bottom. lowed entry subject to the same provi- (2) This section shall be enforced by sions described in paragraph (b) of this the Commandant, Fifth Naval District, section. Commanding Officer, Joint Ex- Norfolk, Va. peditionary Base Little Creek-Fort [18 FR 8159, Dec. 12, 1953, as amended at 28 Story reserves the right to temporarily FR 349, Jan. 12, 1963. Redesignated at 50 FR deny entry in emergency situations, 42696, Oct. 22, 1985]

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§ 334.330 Atlantic Ocean and con- (b) The regulations. (1) The danger necting waters in vicinity of Myrtle zone will be in use not more than a Island, Va.; Air Force practice total of 4 hours per month, which hours bombing, rocket firing, and gun- shall be during not more than any 2 nery range. days per month. (a) The danger zone. The waters of the (2) No person or vessel shall enter or Atlantic Ocean and connecting waters remain in the danger zone during peri- within an area described as follows: Be- ods of firing or bombing or when the ginning at latitude 37°12′18″, longitude zone is otherwise in use. 75°46′00″; thence southwesterly to lati- (3) The Commander, Tactical Air tude 37°08′21″, longitude 75°50′00″; thence Command, Langley Air Force Base, northwesterly along the arc of a circle Va., shall be responsible for publicizing having a radius of three nautical miles in advance through the Coast Guard’s and centered at latitude 37°11′16″, lon- ‘‘Local Notice to Mariners,’’ in the gitude 75°49′29″, to latitude 37°10′14″, local press, and by radio from time to longitude 75°52′57″; thence northeast- time the schedule of use of the area, erly to latitude 37°14′30″, longitude and shall station patrol boats to warn 75°48′32″; thence southeasterly to vessels during periods of use. 37°13′38″, longitude 75°46′18″; and thence (4) This section shall be enforced by southeasterly to the point of begin- the Commander, Tactical Air Com- ning. mand, Langley Air Force Base, Va., or (b) The regulations. (1) No person or such agency as he may designate. vessel shall enter or remain in the dan- (c) Disestablishment of danger zone. ger zone except during intervals speci- The danger zone will be disestablished fied and publicized from time to time not later than December 31, 1967, unless in local newspapers or by radio an- written application for its continuance nouncement. shall have been made to and approved (2) This section shall be enforced by by the Secretary of the Army prior to the Commanding General, Tactical Air that date. Command, Langley Air Force Base, [28 FR 1106, Feb. 5, 1963. Redesignated at 50 Virginia, and such agencies as he may FR 42696, Oct. 22, 1985, as amended at 62 FR designate. 17553, Apr. 10, 1997]

[18 FR 8698, Dec. 24, 1953. Redesignated at 50 § 334.350 Chesapeake Bay off Fort FR 42696, Oct. 22, 1985, as amended at 62 FR Monroe, Va.; firing range danger 17553, Apr. 10, 1997] zone. § 334.340 Chesapeake Bay off Plumtree (a) The danger zone. All of the water Island, Hampton, Va.; Air Force pre- area lying within a section extending cision test area. seaward a distance of 4,600 yards be- (a) The danger zone. The waters of tween radial lines bearing 83° True and Chesapeake Bay and connecting waters 115° True, respectively, from a point on within an area bounded as follows: Be- shore at latitude 37°01′30″ N., longitude ginning at latitude 37°08′12″, longitude 76°17′54″ W. 76°19′30″, which is a point on the cir- (b) The regulations. (1) No weapon cumference of a circle of 10,000-foot ra- having a greater range than the 30-cali- dius with its center on Plumtree Point bre carbine is to be fired into the firing at latitude 37°07′30″, longitude 76°17′36″; range danger zone. thence clockwise along the circum- (2) During periods when firing is in ference of the circle to latitude progress, red flags will be displayed at 37°09′06″, longitude 76°18′00″; thence conspicuous locations on the beach. southeasterly to latitude 37°08′12″, lon- Observers will be on duty and firing gitude 76°17′48″; thence clockwise along will be suspended as long as any vessel the circumference of a circle of 4,000- is within the danger zone. foot radius (with its center at latitude (3) Passage of vessels through the 37°07′30″, longitude 76°17′36″) to latitude area will not be prohibited at any time, 37°07′48″, longitude 76°18′24″; thence nor will commercial fishermen be pro- northwesterly to the point of begin- hibited from working fish nets within ning. the area. No loitering or anchoring for

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other purposes will be permitted during 334.310 along the south shore of the announced firing periods. Chesapeake Bay, bounded as follows: (4) No firing will be done during Beginning at a point at the mean high hours of darkness or low visibility. water line, latitude 36°55′26.5″, lon- (5) The Commander, Fort Monroe, gitude 76°08′43″; thence 700 yards to Va., is responsible for furnishing in ad- latitude 36°55′48″, longitude 76°98′38″; vance the firing schedule to the Com- thence 500 yards to latitude 36°55′46″, mander, 5th Coast Guard District, for longitude 76°08′57″; thence 500 yards to publication in his ‘‘Local Notice to latitude 36°55′37″, longitude 76°09′02″; Mariners’’ and to the local press at thence 100 yards to latitude 36°55′36″, Norfolk and Newport News, Va. longitude 76°08′57″; thence 200 yards to (c) The regulations in this section the mean high water line at latitude shall be enforced by the Commanding 36°55′39.5″, longitude 76°08′59″; thence 400 Officer, Fort Monroe, Va., and such yards along the mean high water line agencies as he may designate. to the point of beginning. The area will [35 FR 6575, Apr. 24, 1970. Redesignated at 50 be marked by range poles set on shore FR 42696, Oct. 22, 1985] of the prolongation of the lines forming the eastern and western boundaries. § 334.360 Chesapeake Bay off Fort (2) The regulations. Persons or vessels, Monroe, Virginia; restricted area, U.S. Naval Base and Naval Surface other than those vessels owned and op- Weapon Center. erated by the United States, shall not (a) The area. Beginning at latitude enter the prohibited area at any time 37°01′03″, longitude 076°17′52″; thence to unless authorized to do so by the en- latitude 37°01′00″, longitude 076°16′11″; forcing agency. thence to latitude 36°59′43″, longitude (b) Small-arms firing range—(1) The 076°16′11″; thence to latitude 36°59′18″, Area. Beginning at a point on the shore longitude 076°17′52″; thence to latitude line at latitude 36°55′27″, longitude 37°00′05″, longitude 076°18′18″; thence 76°08′38″; thence to latitude 36°55′50″, north along the seawall to the point of longitude 76°08′37″; thence to latitude beginning. 36°57′11″, longitude 76°08′11″; thence to (b) The regulations. (1) Anchoring, latitude 36°56′53″, longitude 76°07′18″; trawling, fishing and dragging are pro- thence to latitude 36°55′39″, longitude hibited in the restricted area, and no 76°07′46″; thence to latitude 36°55′22″, object, either attached to a vessel or longitude 76°08′17″; thence along the otherwise, shall be placed on or near shore line to the point of beginning. the bottom unless authorized by the (2) The regulations. (i) Passage of ves- Facility Manager, Naval Surface War- sels through the area will not be pro- fare Center, Dahlgren Division Coastal hibited at any time, nor will commer- Systems Station Detachment, Fort cial fishermen be prohibited from Monroe, Virginia. working fish nets within the area. No (2) This section shall be enforced by loitering or anchoring for other pur- the Commander, Naval Base, Norfolk, poses will be permitted. Virginia, and such agencies as he may (ii) A large red warning flag will be designate. flown on shore during periods when fir- [13 FR 6919, Nov. 24, 1948, as amended at 15 ing is in progress. Observers will be on FR 2085, Apr. 13, 1950; 21 FR 421, Jan. 20, 1956; duty and firing will be suspended for 21 FR 1593, Mar. 14, 1956. Redesignated at 50 the passage of vessels and for the plac- FR 42696, Oct. 22, 1985, and further amended ing and maintenance of fish nets with- at 51 FR 4908, Feb. 10, 1986; 55 FR 45709, Oct. in the area. 31, 1990; 61 FR 34733, July 3, 1996] (c) This section shall be enforced by § 334.370 Chesapeake Bay, Lynnhaven the Commanding Officer, U.S. Naval Roads; danger zones, U.S. Naval Amphibious Base, Little Creek, Nor- Amphibious Base. folk, Virginia. (a) Underwater demolitions area (pro- [19 FR 1246, Mar. 5, 1954, as amended at 28 FR hibited)—(1) The area. A portion of the 225, Jan. 9, 1963. Redesignated at 50 FR 42696, restricted area for Navy amphibious Oct. 22, 1985, and amended at 57 FR 40613, training operations described in Sec. Sept. 4, 1992; 62 FR 17553, Apr. 10, 1997]

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§ 334.380 Atlantic Ocean south of en- two radial lines bearing 083° True and trance to Chesapeake Bay off Dam 150° True, respectively, from the same Neck, Virginia; naval firing range. shore position. The datum for these co- (a) The danger zone. All of the water ordinates is WGS–1984. within a sector extending seaward a (b) The regulation. (1) To accommo- distance of 7,500 yards between radial date ingress and egress within the lines bearing 35° true and 92° true, re- southern approach to the Chesapeake spectively, from a point on the shore at Bay Federal navigation channels, no latitude 36 47′33″ N, longitude 75 58′23″ live fire exercise will take place within W. the area northeast of, and defined by a (b) The regulations. (1) Vessels shall line intersecting points latitude proceed through the area with caution 36°47′59″ N, longitude 75°46′05″ W and and shall remain therein no longer latitude 36°44′25″ N, longitude 75°38′57″ than necessary for purpose of transit. W, and this area is open to unrestricted (2) When firing is in progress during surface navigation. daylight hours, red flags will be dis- (2) Within the remainder of the dan- played at conspicuous locations on the ger zone vessels shall proceed through beach. When firing is in progress dur- the area with caution and shall remain ing periods of darkness, red flashing therein no longer than necessary for lights will be displayed from con- the purpose of transit. spicuous locations which are visible (3) When firing is in progress during from the water a minimum distance of daylight hours, red flags will be dis- four (4) nautical miles. played at conspicuous locations on the (3) Firing on the ranges will be sus- beach. When firing is in progress dur- pended as long as any vessel is within ing periods of darkness, red flashing the danger zone. lights will be displayed from con- (4) Lookout posts shall be manned by spicuous locations on the beach which the activity or agency operating the are visible from the water a minimum firing range at Fleet Combat Center. distance of four (4) nautical miles. After darkness, night vision systems (4) Firing on the ranges will be sus- will be utilized by lookouts to aid in lo- pended as long as any vessel is within cating vessels transiting the area. the danger zone. (5) There shall be no firing on any (5) Lookout posts will be manned by ranges during the periods of low visi- the activity or agency operating the bility which would prevent the recogni- firing range at the Naval Air Station tion of a vessel (to a distance of 7,500 Oceana, Dam Neck Annex, in Virginia yards) which is properly displaying Beach, Virginia. After darkness, night navigational lights, or which would vision systems will be utilized by look- preclude a vessel from observing the outs to aid in locating vessels red range flags or lights. transiting the area. (6) The regulations in this section (6) There shall be no firing on the shall be enforced by the Commanding range during periods of low visibility Officer, Fleet Combat Training Center, which would prevent the recognition of Atlantic, Dam Neck, Virginia Beach, a vessel (to a distance of 7,500 yards) Virginia, and other such agencies as he/ which is properly displaying navigation she may designate. lights, or which would preclude a vessel [58 FR 53428, Oct. 15, 1993] from observing the red range flags or lights. § 334.390 Atlantic Ocean south of en- (7) Throughout the entire danger trance to Chesapeake Bay; firing zone anchoring, dredging, trawling and range. any bottom disturbing activities (a) The danger zone. (1) A section ex- should be conducted with caution due tending seaward for a distance of 12,000 to the potential of unexploded ord- yards between two radial lines bearing nance (UXO) and other munitions and 030° True and 083° True, respectively, explosives of concern (MEC) on the bot- from a point on shore at latitude tom. 36°46′48″ N, longitude 75°57′24″ W; and an (c) Enforcement. The regulation in adjacent sector extending seaward for a this section shall be enforced by the distance of 15 nautical miles between Commander, Naval Air Force Atlantic,

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U.S. Fleet Forces Command, Norfolk, 36°48′57″ N., longitude 75°58′04″ W. The Virginia, and such agencies as he or datum for these coordinates is WGS84. she may designate. (b) The regulations. (1) Persons and vessels shall proceed through the area [84 FR 33850, July 16, 2019] with caution and shall remain therein § 334.400 Atlantic Ocean south of en- no longer than necessary for purpose of trance to Chesapeake Bay off Camp transit. Pendleton, Virginia; naval re- (2) When firing is in progress during stricted area. daylight hours, red flags will be dis- (a) The area. Beginning at a point on played at conspicuous locations on the the shore at Camp Pendleton at lati- beach. No firing will be done during the tude 36°48′19″ N, longitude 75°57′49″ W; hours of darkness or low visibility. thence easterly 200 yards to latitude (3) Firing on the ranges shall be sus- 36°48′20″ N, longitude 75°57′42″ W; thence pended as long as any persons or ves- northerly 400 yards to latitude 36°48′32″ sels are within the danger zone. N, longitude 75°57′45″ W; thence west- (4) Lookout posts shall be manned by erly 200 yards to latitude 36°48′31″ N, the activity or agency operating the longitude 75°57′53″ W; and thence south- firing range State Military Reserva- erly 400 yards along the shore to the tion, Camp Pendleton. point of beginning. (5) There shall be no firing on the (b) The regulations. (1) Persons or ves- range during periods of low visibility sels, other than those vessels owned which would prevent the recognition of and operated by the United States a vessel (to a distance of 7,500 yards) shall not enter the area except by per- which is property displaying naviga- mission of the Commanding Officer, tion lights, or which would preclude a U.S. Naval Amphibious Base, Little vessel from observing the red range Creek, Norfolk, Virginia. flags or lights. (2) This section shall be enforced by (c) Enforcement. The regulations in the Commanding Officer, U.S. Naval this section shall be enforced by the Amphibious Base, Little Creek, Nor- Adjutant General of Virginia, and such folk, Virginia, and such agencies as he agencies as he or she may designate. may designate. [81 FR 10088, Feb. 29, 2016] [22 FR 8957, Nov. 6, 1957. Redesignated at 50 FR 42696, Oct. 22, 1985, as amended at 58 FR § 334.410 Albemarle Sound, Pamlico 37608, July 12, 1993; 62 FR 17553, Apr. 10, 1997] Sound, and adjacent waters, NC; danger zones for naval aircraft op- § 334.405 South of entrance to Chesa- erations. peake Bay off Camp Pendleton, Vir- (a) Target areas—(1) North Landing ginia; firing range. River (Currituck Sound). The waters of (a) The danger zone. An area directly North Landing River within a radius of from Camp Pendleton extending off- 1,000 yards from a target located at shore as denied by lines drawn as fol- latitude 36°31′00″, longitude 76°01′40″. lows: Beginning at latitude 36°49′00″ N., (2) Northern part of Currituck Sound. longitude 75°58′04″ W.; thence to lati- Beginning at a point bearing 65°30′, tude 36°49′19″ N., longitude 75°57′41″ W.; 1,025 yards, from Currituck Sound thence to latitude 36°49′21″ N., lon- Light 69; thence 86°, 6,000 yards; thence gitude 75°57′32″ W.; thence to latitude 193°, 4,425 yards; thence 267°30′, 2,775 36°49′13″ N., longitude 75°56′44″ W.; yards; and thence to the point of begin- thence to latitude 36°49′22″ N., lon- ning. The target is located at latitude gitude 75°55′48″ W.; thence to latitude 36°27′16″, longitude 75°56′30″. 36°49′12″ N., longitude 75°55′46″ W.; NOTE: All bearings in this section are re- thence to latitude 36°49′02″ N., lon- ferred to true meridian. gitude 75°55′45″ W.; thence to latitude (b) Target and bombing area along 36°48′52″ N., longitude 75°55′45″ W.; south shore of Albemarle Sound. Begin- thence to latitude 36°48′54″ N., lon- ning at latitude 36°00′43″, longitude gitude 75°56′42″ W.; thence to latitude 76°19′20″; thence to latitude 36°02′40″, 36°48′41″ N., longitude 75°57′28″ W.; longitude 76°04′26″, thence to latitude thence to latitude 36°48′41″ N., lon- 36°00′12″, longitude 76°04′26″; thence to gitude 75°57′37″ W.; thence to latitude latitude 35°59′35″, longitude 76°19′20″,

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

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(b) The regulations. The restricted miles having its center at latitude area described in this section is the in- 35°02′12″, longitude -76°28′00″. active Harvey Point target range (2) The regulations. (i) The area de- which was disestablished as a danger scribed in paragraph (b)(1) of this sec- 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 (b)(1) (ii), (iii) and (iv) of this section waters, N.C.; danger zones for Ma- shall be used for bombing, rocket fir- rine Corps operations. ing, 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- operations will be conducted during land—(1) The area. The waters within a daylight hours, and the areas will be circular area with a radius of 3.0 stat- open to navigation at night. No vessel ute miles having its center on the or person shall enter these areas during southern side of Brant Island at lati- the hours of daylight without special tude 35°12′30″, longitude 76°26′30″. permission from the enforcing agency. (2) The regulations. The area shall be The areas will be patrolled and vessels closed to navigation and personnel at ‘‘buzzed’’ by the patrol plane prior to all times except for vessels engaged in the conduct of operations in the areas. operational and maintenance work as Vessels or personnel which have inad- directed by the enforcing agency. Prior vertently entered the danger zones to bombing or firing operations the shall leave the area immediately upon area will be ‘‘buzzed’’ by plane. Upon being warned. being so warned vessels working in the (iii) The areas described in paragraph area shall leave the area immediately. (b)(1)(v) of this section shall be used as (b) Bombing, rocket firing, and strafing a strafing area. Practice and dummy areas in Pamlico Sound and Neuse ammunition will be used. Operations River—(1) The areas. (i) The waters will be conducted on five consecutive within a circular area with a radius of days (Monday through Friday) per 1.8 statute miles having its center at month during the months of February latitude 35°02′12″, longitude 76°28′00″. through November between the hours (ii) The waters within a circular area of 4 p.m. to 11 p.m. The block training with a radius of 0.5 statute mile having dates will be scheduled two weeks in its center at latitude 35°04′12″, lon- advance of the actual training start gitude 76°28′24″. date. Marine Corps Air Station Cherry (iii) The waters within a circular Point will have a call-in number for area with a radius of 0.5 statute mile public use to provide information on having its center at latitude 35°01′42″, the current use of the training area. longitude 76°25′48″. The Notification to Mariners System (iv) The waters within a circular area will also be utilized to inform the pub- with a radius of 0.5 statute mile having lic on the status of the training area. its center at latitude 34°58′48″, lon- No vessel or person shall enter the area gitude 76°26′12″. during the scheduled block training (v) The waters within a circular band session except for such vessels as may with an inner radius of 1.8 statute be directed by the enforcing agency to miles and an outer radius of 2.5 statute enter on assigned duties. The area will

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be patrolled and vessels ‘‘buzzed’’ by age indicating the boundary of the dan- the patrol plane prior to the conduct of ger zone. 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 approxi- mately 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) 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) Sector. Bounded on the will be prominently marked with sign- east by Sneads Ferry Bridge and on the

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north by a line running from a point on plosions will be restricted in the Atlan- the east side of New River opposite the tic Ocean sector (described in para- 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 Southwest Creek up to the point where removed when firing ceases for the day. it narrows to 200 feet in width, and Suitable range markers will be erected Northeast Creek up to longitude indicating the bearings of the north 77°23′30″; and on the north by an east- and west limits of the Atlantic Ocean west line passing through New River sector. Day Beacon 41. (5) During the night firing, red lights (c) The regulations. (1) No person shall will be displayed on the towers; and, in enter or remain in the water in any the case of the Atlantic Ocean sector, closed section after notice of firing searchlights will be employed as bar- therein has been given. Sailing vessels rier lights to enable safety observers to and any watercraft having a speed of detect vessels which may attempt to less than 5 knots shall keep clear of enter the danger zone. any closed sector at all times after no- (6) No person shall enter or remain tice of firing therein has been given. within a 2 acre area surrounding a wa- Vessels propelled by mechanical power terborne refueling training operation, at a speed greater than 5 knots may in either the Grey Point Sector, enter the sectors without restriction Farnell Bay Sector, or Morgan Bay except when the firing signals are Sector as described in paragraph (b) of being displayed. When these signals are this section, for the duration of the displayed, vessels shall clear the closed training operation after a notice to sectors immediately and no vessels conduct a waterborne refueling train- shall enter such sectors until the sig- ing operation has been published in the nals indicate that firing has ceased. local notice to mariners and has been (2) Firing will take place both day broadcast over the Marine Band radio and night at irregular periods through- network. The 2 acre area surrounding a out the year. Insofar as training re- waterborne refueling training oper- quirements will permit, underwater ex- ation will be patrolled and persons and

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vessels shall clear the area under pa- (iii) All navigable waters in the area trol upon being warned by the surface between the south bank of Bear Creek patrol craft. and the north bank of the north con- (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

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south approach channel to Sunny northerly point of the Improved Fed- Point Army Terminal and all waters of eral Turning Basin, thence along the its tributaries therein. northeastern edge for the Improved (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″, 79°56′10.5″. thence to latitude 32°52′27″, longitude (5) That portion of the Cooper River 79°68′01″, thence to latitude 32°52′06″, beginning on the west channel edge at longitude 79°57′54″ at the west channel latitude 32°52′06″, longitude 79°57′54″, edge, thence to latitude 32°51′48.5″, lon- thence to the east shore at latitude gitude 79°57′41.5″, thence to latitude 32°52′13″, longitude 79°57′30″, thence 32°51′33″, longitude 79°57′27″, thence to along the eastern shore to latitude latitude 32°51′19″, longitude 79°57′05″, 32°51′30″, longitude 79°56′15.5″, thence to thence to latitude 32°51′01″, longitude latitude 32°51′01″, longitude 79°55′50″, 79°56′07″, thence to latitude 32°50′50″, thence to latitude 32°50′52″, longitude longitude 79°56′02″, thence to latitude 79°56′03.5″, thence to latitude 32°51′01″, 32°50′48″, longitude 79°56′07″ on the west longitude 79°56′07″, thence to latitude shore, thence north along the shoreline 32°51′19″, longitude 79°57′05″, thence to including the reach of Noisett Creek to latitude 32°51′33″, longitude 79°57′27″, the eastern boundary of the Navy Base thence to latitude 32°51′48.5″, longitude to the beginning point at the west 79°57′41.5″, thence to the beginning shore at latitude 32°52′37″, longitude point at the west channel edge at lati- 79°58′06″. tude 32°52′06″, longitude 79°57′54″. (2) The reach of Shipyard Creek up- (6) That portion of the Cooper River stream from a line 300 feet from and beginning on the west shore at latitude parallel to the upstream limit of the 32°50′48″, longitude 79°56′07″, thence to Improved Federal Turning Basin. latitude 32°50′50″, longitude 79°56′02″, (3) That portion of the interior Ship- thence to latitude 32°50′32″, longitude yard Creek commencing at latitude 79°55′55″, thence to latitude 32°50′00″, 32°49′50″, longitude 79°56′10″, being a longitude 79°55′55″, thence to latitude point at the southern tip of the shore- 32°50′00″, longitude 79°56′10.5″ on the line where the northern shore of Ship- west shore, thence along the shoreline yard Creek joins the Cooper River, to the beginning point on the west thence going along the northern shore shore at latitude 32°50′48″, longitude of Shipyard Creek to the southern por- 79°56′07″. tion of the existing restructed area in (7) That portion of Goose Creek be- paragraph (a)(2) of this section; thence ginning at a point on the west shore of along said line being 300 feet from and Goose Creek at its intersection with parallel to the upstream limit of the the Cooper River at latitude 32°54′32″, Improved Federal Turning Basin for a longitude 79°57′04″; thence proceeding distance of 15 feet, thence to the most along the western shoreline of Goose

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Creek for approximately 6.9 miles to its 32°55′42″, longitude 79°56′13″; thence in a 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 southwest- erly 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, tion to latitude 32°55′03″, longitude latitude 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

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which is the northern shore of an of this section are prohibited from en- 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 of persons, watercraft and vessels in this danger zone area are subject to im- the areas described in paragraphs pact by rounds and ricochets origi- (a)(7), (a)(8) and (a)(11) of this section nating from a small arms range when until such time as he/she determines firing is in progress. such restriction may be terminated. (b) The regulations: (1) Unauthorized (7) All restricted areas and all danger personnel, vessels and other watercraft zones and the approaches leading to shall not enter the restricted areas de- the danger zones will be marked with scribed in paragraphs (a)(1), (a)(2), and suitable warning signs. (a)(4) of this section at any time. (8) The regulations described in para- (2) Personnel, vessels and other graphs (b) (1), (2) and (3) of this section watercraft entering the restricted area shall be enforced by Commander, Naval described in paragraph (a)(5) of this Base, Charleston, and such agencies as section, shall proceed at normal speed he/she may designate. and under no circumstances anchor, 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 (11) The unauthorized entering or area described in paragraph (a)(8) of crossing of the danger zones described this section shall proceed at normal in paragraphs (a)(12) and (a)(13) of this speed, and under no circumstances an- section by all persons, watercraft and chor, fish, loiter, or photograph in any vessels is prohibited at all times unless way until clear of the restricted area. specifically authorized by the Com- (5) Personnel, vessels and other manding Officer of the U.S. Naval watercraft, other than those specifi- Weapons Station Charleston, SC. cally authorized by Commanding Offi- [55 FR 3591, Feb. 2, 1990, as amended at 59 FR cer, U.S. Naval Weapons Station, 2916, Jan. 19, 1994; 61 FR 64997, Dec. 10, 1996; Charleston, SC, entering the areas de- 62 FR 17553, Apr. 10, 1997; 68 FR 57624, Oct. 6, scribed in paragraphs (a)(9) and (a)(10) 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- fort, SC. (a) The restricted areas. (1) Area No. 1 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 longitude 80.691546 , thence to latitude ° ° 79°54′47″; thence to ‘‘e’’ Latitude 32.479191 , longitude 80.691486 , thence ° 32°46′17″, Longitude 79°54′51″; thence to to latitude 32.481817 , longitude ° ° ‘‘f’’ Latitude 32°46′17″, Longitude 80.691939 , thence to latitude 32.493001 , ° 79°55′11″; and thence returning to ‘‘a’’ longitude 80.689835 , thence to latitude ° ° Latitude 32°46′27″, Longitude 79°55′31″. 32.494422 , longitude 80.688296 , thence ° ° (b) The regulations. (1) There shall be to latitude 32.49727 , longitude 80.69172 no introduction of magnetic material on the east shore of the Marine Corps or magneto-electric field sources with Air Station (MCAS), at its intersection the area. with the Station’s property boundary (2) No person shall enter or remain in line, thence heading south along the the water within the restricted areas. eastern shoreline of the MCAS to a Ships transiting the areas will proceed point along the northern shoreline of Mulligan Creek at latitude 32.48993°, without delay and shall not, except as ° noted below, lie to or anchor within longitude 80.69836 , thence southwest- the areas. erly across Mulligan Creek to the shoreline of the MCAS, latitude (i) Pleasure craft under 50 feet LOA 32.48771°, longitude 80.70424°, thence will not normally be affected; however, continuing along the eastern shoreline such craft may be required to stand to its intersection with Albergottie clear upon notification, in the event Creek, latitude 32.45360°, longitude they are interfering with range oper- 80.70128, thence continuing along the ation. southern shoreline of the MCAS to the (ii) Anchored commercial ships will intersection of Salt Creek with U.S. be allowed to swing into the restricted Highway 21, latitude 32.45047°, lon- area at the Shutes Folly Island site gitude 80.73153°, thence back down the when the range is not in use. Shutes southern creek edge of Salt and Folly Island Range usage will be indi- Albergottie Creeks, thence back to the cated by range house display of the starting point at the confluence of international DELTA signal flag. Albergottie Creek and the AIWW, lati- (iii) This section shall be enforced by tude 32.457226°, longitude 80.687770°. the Commandant, Sixth Naval District, Charleston, South Carolina, and such NOTE: Situated within the boundaries of agencies as he may designate. the area described in paragraph (a)(1) of this section are the areas described in paragraphs [42 FR 38177, July 27, 1977. Redesignated at 50 (a)(2), (a)(3), (a)(4), (a)(5) and the danger zone FR 42696, Oct. 22, 1985, as amended at 62 FR described in paragraph (a)(10) of this section. 17553, Apr. 10, 1997] Since additional regulations apply to these

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sections, they are excluded from the area de- of the area described in paragraph scribed in paragraph (a)(1) given that they (a)(1) of this section, beginning at a are more 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- 80.687770°, thence continuing in a ated within the boundaries of the area northerly direction along the western described in paragraph (a)(1) of this channel edge of the AIWW to latitude section, beginning at a point on the 32.458580°, longitude 80.689181°, thence west side of the AIWW navigational to latitude 32.460413°, longitude channel at latitude 32.463732°, longitude 80.689228°, thence to latitude 32.461459°, 80.690208°, thence continuing in a longitude 80.689418°, thence to latitude northerly direction along the western 32.464015°, longitude 80.690294°, thence channel edge of the AIWW to latitude to latitude 32.470255°, longitude 32.467999°, longitude 80.690749°, thence 80.690965°, thence to latitude 32.471309°, turning in a westerly direction and longitude 80.691196°, thence to latitude continuing to latitude 32.467834°, lon- 32.475084°, longitude 80.692455°, thence gitude 80.700080°, on the eastern shore to latitude 32.478161°, longitude of the MCAS, thence heading in a 80.691546°, thence to latitude 32.479191°, southward direction along the shore- longitude 80.691486°, thence to latitude line to latitude 32.463692°, longitude 32.481817°, longitude 80.691939°, thence 80.698440°, thence turning in a westerly to latitude 32.493001°, longitude direction and returning back to the 80.689835°, thence to latitude 32.494422°, starting point on the west edge of the longitude 80.688296°, thence crossing AIWW channel, latitude 32.463732°, lon- the AIWW channel in a southeasterly gitude 80.690208°. direction to a point on the east side of (4) That area contiguous to the AIWW and the marsh edge of bank, Albergottie Creek, situated within the latitude 32.49343°, longitude 80.68699°, boundaries of the area described in thence southward along the edge of the paragraph (a)(1) of this section, begin- AIWW and the waterward marsh edge ning at a point on the southern shore- of Ladies Island to a point on the west line of the MCAS at latitude 32.452376°, shoreline of Pleasant Point Peninsular, longitude 80.708263°, thence continuing latitude 32.45806°, longitude 80.68668°, in a northerly direction along the thence back across the AIWW naviga- shoreline, up to the shoreline adjacent tional channel to the point of begin- to Kimes Avenue and back down the ning, latitude 32.457226°, longitude opposite shoreline in a southerly direc- 80.687770°. tion to a point at latitude 32.450643°, (7) That portion of Mulligan Creek, longitude 80.715653°, thence turning in beginning at its northern mouth and an easterly direction and returning confluence with McCalleys Creek, lati- back to the starting point at latitude tude 32.50763°, longitude 80.69337°, 32.452376°, longitude 80.708263°. thence proceeding in a westerly direc- (5) That area contiguous to Salt tion along the northern shoreline of Creek, situated within the boundaries Mulligan Creek to its intersection with

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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 shall not enter the restricted areas de- ° bridge crossing, latitude 32.50534 , lon- scribed in paragraphs (a)(2), (a)(3), ° gitude 80.69960 , thence proceeding in a (a)(4), (a)(5) and (a)(8) of this section at south westerly direction along the any time. northern shoreline of Mulligan Creek (2) The public shall have unrestricted to the terminus of its western tribu- access and use of the waters described tary, thence back down its southern in paragraph (a)(6) of this section shoreline to the terminus of its eastern 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 this section whenever the MCAS is in the housing area northern boundary Force Protection Condition Normal line at latitude 32.471172°, longitude Alpha or Bravo. Whenever the facility 80.809795°, thence proceeding a distance is in Force Protection Condition Char- of 500 feet into the Broad River, lati- lie or Delta, personnel, vessels and tude 32.471185°, longitude 80.811440°, other watercraft are prohibited from thence proceeding in a southerly direc- entering the waters described in para- tion and maintaining a distance of 500 graphs (a)(1), (a)(7), and (a)(9) of this feet from the shoreline to latitude section, unless they first obtain an es- 32.449222°, longitude 80.804825°, thence cort or other approval from the Com- back towards the shoreline to the point mander, MCAS, Beaufort, South Caro- of beginning at latitude 32.449295°, lon- lina. ° gitude 80.803205 . (4) Unauthorized personnel, vessels (10) (Danger zone). That portion of and other watercraft shall not enter Mulligan Creek located adjacent to the the danger zone described in paragraph MCAS firing range and the restricted (a)(10) of this section at any time. area described in paragraph (a)(2) of (5) All restricted areas and danger this section, beginning at a point on zones will be marked with suitable the western shoreline of Mulligan Creek at latitude 32.48771°, longitude warning signs. 80.70424°, thence northeasterly across (6) It is understood that none of the Mulligan Creek to the opposite shore- restrictions herein will apply to prop- line at latitude 32.48993°, longitude erly marked Federal vessels per- 80.69836°, thence continuing in a south- forming official duties. easterly direction to an upland island (7) It is further understood that un- bordering the northern shoreline of authorized personnel will not take pho- Mulligan Creek at latitude 32.48579°, tographs from within the above de- longitude 80.69706°, thence turning in a scribed restricted areas. southwesterly direction and crossing (c) Enforcement: The regulation in Mulligan Creek to a point on the east- this section, promulgated by the

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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- rine Corps Recruit Depot, Parris Is- ited from entering, transiting, anchor- land, South Carolina; danger zones. ing, or drifting within the danger zones (a) The areas. (1) The danger zone on described in paragraph (a) of this sec- Archers Creek (between the Broad tion when the adjacent rifle or pistol River and Beaufort River), Ribbon ranges on U.S. Marine Corps Recruit Creek, and the Broad River shall en- Depot Parris Island are in use. compass all navigable waters of the (2) Firing over these ranges will nor- United States, as defined at 33 CFR mally take place between the hours of part 329, adjacent to the existing rifle 6 a.m. and 5 p.m., Monday through Fri- range. This area is bounded by a line day, and from 6 a.m. to 12 p.m. on Sat- connecting the following coordinates: urday, National holidays excepted, and Commencing from the shoreline at the at other times as designated and prop- southernmost portion of the area, at erly published by the Commanding latitude 32°19′59″ N, longitude 80°42′54″ General, U.S. Marine Corps Recruit W, thence to a point at latitude Depot Parris Island. 32°20′05″ N, longitude 80°43′16″ W, thence (3) Warning signs indicating the peri- to a point at latitude 32°21′40″ N, lon- ods when the rifle range is in use will gitude 80°44′54″ W, thence to a point at be posted by the entrances to Archers latitude 32°22′20″ N, longitude 80°43′52″ Creek and Ribbon Creek. In addition, W, thence to a point on the shoreline warning signs will be placed along the ° ′ ″ at latitude 32 21 34 N, longitude shoreline on the Broad River near the ° ′ ″ 80 42 48 W, thence follow the mean upstream and downstream boundaries high water line southwesterly around of both the rifle range and the pistol Horse Island approximately 2.3 nau- range. tical miles to a point at latitude (4) Warning flags shall be flown from 32°21′22″ N, longitude 80°42′30″ W, thence the top of the lookout tower and on the to a point on the shoreline at latitude rifle range and pistol range during ac- 32°20′56″ N, longitude 80°41′50″ W, thence tual firing. In addition, a sentry look- follow the mean high water line south- out will be on duty during actual firing westerly approximately 2.2 nautical miles to terminate at the southern- and a patrol boat will be accessible for most portion of the area (the starting clearing the area and warning all ap- point). proaching vessels of the danger zone (2) The danger zone on the Broad and the schedule of firing. River shall encompass all navigable (5) During storms or similar emer- waters of the United States, as defined gencies these areas shall be opened to at 33 CFR part 329, adjacent to the ex- vessels to reach safety without undue isting pistol range. This area is bound- delay for the preservation of life and ed by a line connecting the following property. coordinates: Commencing from the (c) Enforcement. The regulations in shoreline at the easternmost portion of this section shall be enforced by the the area, at latitude 32°19′36″ N, lon- Commanding General, U.S. Marine gitude 80°42′34″ W, thence to a point at Corps Recruit Depot Parris Island and/

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or such persons or agencies as he/she § 334.500 St. Johns River, Atlantic may designate. Ocean, Sherman Creek; restricted areas and danger zone, Naval Sta- [76 FR 62631, Oct. 11, 2011] tion Mayport, Florida. § 334.490 Atlantic Ocean off Georgia (a) The areas. (1) The St. Johns River Coast; air-to-air and air-to-water restricted area and the Atlantic Ocean gunnery and bombing ranges for restricted area described in paragraphs fighter and bombardment aircraft, (a)(2) and (a)(3) of this section, respec- U.S. Air Force. tively, are contiguous but each area is described separately for clarification. (a) The danger zones—(1) For fighter (2) St. Johns River restricted area. This aircraft. An area approximately 30 restricted area shall encompass all miles offshore between Wassaw Sound navigable waters of the United States, and Brunswick, Georgia, described as as defined at 33 CFR 329, within the follows: Beginning at latitude 31°55′30″, area bounded by a line connecting the longitude 80°24′00″; thence 90° true to following coordinates: Commencing longitude 80°16′00″; thence southwest- from the shoreline at latitude erly to latitude 31°10′00″, longitude 30°23′52.97″ N, longitude 081°25′36.51″ W; 80°43′00″; thence 270° to longitude thence to latitude 30°23′56.71″ N, lon- 80°51′00″; and then northeasterly to the gitude 081°25′36.51″ W; then the line me- point of beginning. anders irregularly, follow the shoreline (2) For bombardment aircraft. An area at a distance of 380 feet seaward from approximately 70 miles off shore be- the mean high water line to a point at tween Savannah Beach and Brunswick, latitude 30°23′54.20″ N, longitude Georgia, described as follows: Begin- 081°24′14.11″ W, thence proceed directly ning at latitude 32°00′00″, longitude to latitude 30°23′46.33″ N, longitude ° ′ ″ 79°43′00″; thence 90° true to longitude 081 24 03.73 W, then the line meanders 79°07′00″; thence southwesterly to lati- irregularly, follow the shoreline at a tude 31°10′00″, longitude 79°24′00″; thence distance of 380 feet seaward from the 270° true to longitude 80°00′00″; and mean high water line to a point at lati- tude 30°23′53.08″ N, longitude thence northeasterly to the point of be- 081°23′34.00″ W, thence follow the arc of ginning. a circle with a radius of 466 feet, cen- (b) The regulations. (1) The danger tered at latitude 30°23′48.52″ N, lon- zones shall be open to navigation ex- gitude 081°23′33.30″ W, to a point on the cept when aerial gunnery or bombing jetty at latitude 30°23′50.06″ N, lon- practice is being conducted. gitude 081°23′28.26″ W. (2) Prior to conducting each practice, (3) Atlantic Ocean restricted area. the entire area will be patrolled by air- From the last point identified in para- craft to warn any persons and graph (a)(2) of this section, latitude watercraft found in the vicinity that 30°23′50.06″ N, longitude 081°23′28.26″ W, such practice is about to take place. proceed to a point at latitude The warning will be by ‘‘buzzing,’’ (i.e., 30°23′49.12″ N, longitude 81°23′28.10″ W, by flying low over the person or then the line meanders irregularly, fol- watercraft.) Any person or watercraft low the shoreline at a distance of 380 shall, upon being so warned, imme- feet seaward from the mean high water diately leave the area designated and line to a point at latitude 30°22′54.37″ N, ° ′ ″ shall remain outside the area until longitude 081 23 44.09 W, thence pro- practice has ceased. ceed directly to shore to terminate at ° ′ ″ (3) The regulations in this section latitude 30 22 54.46 N, longitude 081°23′48.44″ W. shall be enforced by the Commanding (4) Sherman Creek restricted area. This Officer, 2d Bombardment Wing, Hunter restricted area shall encompass all Air Force Base, Savannah, Georgia, navigable waters of the United States, and such agencies as he may designate. as defined at 33 CFR part 329, to in- [16 FR 818, Jan. 30, 1951, as amended at 16 FR clude Sherman Creek, its tributaries 2397, Mar. 14, 1951. Redesignated at 50 FR and associated tidal marshes located 42696, Oct. 22, 1985, as amended at 62 FR 17554, within the NAVSTA Mayport area Apr. 10, 1997] boundaries described in this section.

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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 § 334.505 St. Johns River, U.S. Coast Mayport or his/her authorized rep- Guard Station Mayport, Sector resentative. This restriction will be in Jacksonville, Florida; restricted place 24 hours a day, seven days a area. week. Warning signs notifying individ- (a) The area. The restricted area en- uals of the restricted area boundary compasses all navigable waters of the and prohibiting entry into the area will United States as defined at 33 CFR part be posted at 500-foot intervals along 329, within the area bounded by a line the property boundary. connecting the following coordinates: (3) Sherman Creek restricted area. All Commencing from the shoreline at persons, vessels, or other craft are pro- latitude 30°23.315366′ N, longitude hibited from entering, transiting, drift- 081°26.056735′ W; thence directly to lati- ing, dredging, or anchoring within the tude 30°23.325775′ N, longitude area described in paragraph (a)(4) of 081°26.071548′ W; thence directly to lati- this section without the permission of tude 30°23.266063′ N, longitude the Commanding Officer, NAVSTA 081°26.132775′ W; thence to latitude Mayport or his/her authorized rep- 30°23.215082′ N, longitude 081°26.1287404′ resentative. This restriction will be in W; thence proceed directly to a point place 24 hours a day, seven days a on the shoreline at latitude 30°23.204522′

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N, longitude 081°26.111753′ W thence fol- 30°23′58.0″ N 81°37′15.0″ W lowing the mean high water line to the (3) The westerly waterward coordi- point of beginning. The datum for nate being: these coordinates is WGS84. (b) The regulation. (1) The restricted 30°23′53.0″ N 81°37′24.4″ W area described in paragraph (a) of this (b) The regulations. (1) The use of wa- section is only open to U.S. Govern- ters as previously described by private ment vessels. U.S. Government vessels and/or commercial floating craft or include, but are not limited to, U.S. persons is prohibited with the excep- Coast Guard, U.S. Coast Guard Auxil- tion of vessels or persons that have iary, Department of Defense, National been specifically authorized to do so by Oceanic and Atmospheric Administra- the Officer in Charge of the Navy Fuel tion, state and local law enforcement, Depot. emergency services and vessels under contract with the U.S. Government. (2) This regulation shall be enforced Warning signs notifying individuals of by the Officer in Charge, U.S. Navy the restricted area boundary and pro- Fuel Depot, Jacksonville, Florida, and hibiting all unauthorized entry into such agencies as the officer in charge the area will be posted along the prop- may designate. erty boundary. [44 FR 12192, Mar. 6, 1979, as amended at 45 (2) All persons, vessels and other FR 27755, Apr. 24, 1980. Redesignated at 50 FR craft are prohibited from entering, 42696, Oct. 22, 1985, as amended at 62 FR 17554, transiting, drifting, dredging or an- Apr. 10, 1997] choring within the restricted area de- scribed in paragraph (a) of this section § 334.515 Blount Island Command and Marine Corps Support Facility– without prior approval from the Com- Blount Island; Jacksonville, Florida manding Officer, U.S. Coast Guard Sta- restricted areas. tion Mayport or his/her designated rep- resentative. (a) The areas. (1) The restricted areas (3) Fishing, trawling, net-fishing and shall encompass all navigable waters of other aquatic activities are prohibited the United States, as defined at 33 CFR in the restricted area without prior ap- 329, contiguous to the area identified as proval from the Commanding Officer, Blount Island Command and Marine U.S. Coast Guard Station Mayport or Corps Support Facility–Blount Island his/her designated representative. (MCSF–BI). The three areas are contig- uous but each area is described sepa- (4) The restrictions described in para- rately below for clarification. graph (b) of this section are in effect 24 hours a day, 7 days a week. (2) Area 1. Commencing from the (c) Enforcement. The regulations in shoreline at the northwest portion of the facility, at latitude 30°24′46.10″ N, this section shall be enforced by the ° ′ ″ Commanding Officer, U.S. Coast Guard longitude 81 32 19.01 W, thence proceed 200 yards in a northwesterly direction Station Mayport and/or such persons or ° ′ ″ agencies as he/she may designate. to latitude 30 24 49.84 N, longitude 81°32′23.12″ W. From this point the line [80 FR 9386, Feb. 23, 2015] meanders irregularly, following the shoreline at a distance of 200 yards § 334.510 U.S. Navy Fuel Depot Pier, from the mean high water line to a St. Johns River, Jacksonville, Fla.; point at latitude 30°23′36.75″ N, lon- restricted area. gitude 81°30′26.42″ W, thence southwest- (a) The area is described as: erly to a point at latitude 30°23′34.44″ N, (1) A line running at 238.5° true and longitude 81°30′28.80″ W, thence west paralleling the pier at 100 feet is ex- southwesterly to a point at latitude tended from the eastern edge of the 30°23′33.68″ N, longitude 81°30′32.61″ W. mooring platform #59 to the western (3) Area 2. This includes all waters edge of platform #65. From these points within the area generally identified as the boundaries are extended to the the U.S. Marine Corps Slipway but shoreline along lines running at 328.5°. which is also known as the Back River (2) The easterly waterward coordi- area and the waters out to a distance nate being: of 100 yards from the entranceway.

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From the last point identified in para- as follows: Beginning at latitude graph (a)(2) of this section, latitude 29°13′16″, longitude 81°34′28″; thence 30°23′33.68″ N, longitude 81°30′32.61″ W, along a line parallel to the navigation proceed west southwesterly to a point channel to latitude 29°20′05″, longitude at latitude 30°23′30.93″ N, longitude 81°36′15″; thence along a line about 81°30′57.14″ W. three-fifths mile southerly from the (4) Area 3. From the last point identi- Putnam-Volusia County line to lati- fied in paragraph (a)(3) of this section, tude 29°20′19″, longitude 81°35′12″; thence latitude 30°23′30.93″ N, longitude to latitude 29°18′36″, longitude 81°33′53″; 81°30′57.14″ W, the line meanders irregu- thence to latitude 29°13′22″, longitude larly in a westerly direction, following 81°32′38″; and thence to the point of be- the shoreline at a distance of 100 yards ginning. The area will be marked by from the mean high water line to a appropriate warnings signs at the five point at latitude 30°23′26.34″ N, lon- corners and at the midpoint of the ° ′ ″ gitude 81 31 49.73 W, thence proceed longer side. north to terminate at a point on the ° ′ ″ (b) The regulations. (1) Bombing oper- shoreline at latitude 30 23 29.34 N, lon- ations will be confined, as nearly as gitude 81°31′49.79″ W. practicable, to the north-south center (b) The regulations. (1) With the ex- line of the danger zone, keeping well ception of local, State and federal law clear of the navigation channel. enforcement entities, all persons, ves- sels, and other craft are prohibited (2) Prior to each bombing operation from entering, transiting, anchoring, the danger zone will be patrolled by or drifting within the areas described naval aircraft which will warn all per- in paragraph (a) of this section for any sons and vessels to leave the area by reason without the permission of the ‘‘zooming’’ a safe distance to the side Commanding Officer, Marine Corps and at least 500 feet above the surface. Support Facility–Blount Island, Jack- Upon being so warned, such persons sonville, Florida, or his/her authorized and vessels shall leave the danger zone representative. immediately and shall not re-enter the (2) The restriction noted in para- danger zone until bombing operations graph (b)(1) of this section is in effect have ceased. 24 hours a day, 7 days a week. (3) At intervals of not more than (3) Warning signs will be posted near three months, public notices will be the MCSF–BI shoreline advising boat- issued that bombing operations are ers of the restrictions in this section. continuing. Such notices will appear in (c) Enforcement. (1) The regulations in the local newspaper and in ‘‘Notice to this section shall be enforced by the Mariners’’. Commanding Officer, Marine Corps (4) The regulations in this section Support Facility–Blount Island, Jack- shall not deny passage through Lake sonville, Florida, and/or such persons George by regular cargo-carrying ves- or agencies as he/she may designate. sels proceeding along established lanes (2) Enforcement of the regulations in for such vessels. When any such vessel this section will be accomplished uti- is within the danger zone the officer in lizing the Department of Defense Force charge of the bombing operations will Protection Condition (FPCON) System. cause the cessation or postponement of From the lowest security level to the such operations until the vessel has highest, Force Protection Conditions cleared the area. The vessel shall pro- levels are titled Normal, Alpha, Bravo, ceed on its normal course and shall not Charlie and Delta. The regulations in delay its progress. this section will be enforced as noted in (5) The regulations in this section paragraph (b) of this section, or at the shall be enforced by the Commander, discretion of the Commanding Officer. Naval Air Bases, Sixth Naval District, [73 FR 54073, Sept. 18, 2008] Naval Air Station, Jacksonville, Flor- ida, and such agencies as he may des- § 334.520 Lake George, Fla.; naval ignate. bombing area. [16 FR 10992, Oct. 30, 1951. Redesignated at 50 (a) The danger zone. An area in the FR 42696, Oct. 22, 1985, as amended at 62 FR eastern part of Lake George described 17554, Apr. 10, 1997]

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§ 334.525 Atlantic Ocean off John F. § 334.530 Canaveral Harbor adjacent Kennedy Space Center, FL; re- to the Navy pier at Port Canaveral, stricted area. Fla.; restricted area. (a) The area. The restricted area shall (a) The area. The waters of Canaveral encompass all navigable waters of the Harbor within a line circumscribing United States, as defined at 33 CFR the water approaches to the Navy pier part 329, contiguous to the area off- along the northeasterly edge of the Ca- shore of the John F. Kennedy Space naveral Harbor turning basin at a dis- tance of 200 feet from all portions of Center (KSC), Florida. The area is the pier including the dolphins 200 feet bounded by a line connecting the fol- off the northwest end and 75 feet off lowing coordinates: Commencing from the southeast end of the pier. the shoreline at the southwest portion (b) The regulations. (1) All unauthor- ° ′ of the area, at latitude 28 35.008 N, lon- ized vessels and personnel are prohib- gitude 80°34.448′ W, thence directly to ited from the area during specified pe- latitude 28°35.716′ N, longitude 80°32.938′ riods. W, thence follow the mean high water (2) The area will be closed when a red line northerly at a distance of 1.5 nau- square flag (bravo), and depending on tical miles to a point at latitude the status of the hazardous operation, 28°43.566′ N, longitude 80°39.094′ W, either an amber or red beacon, steady thence proceed westerly to terminate burning or rotating, day or night, when at a point on the shoreline at latitude displayed from any of the three berths 28°43.566′ N, longitude 80°41.189′ W. along the wharf. (b) The regulation. (1) The area de- (3) Lighted signs indicating the re- scribed in paragraph (a) of this section stricted area will be placed on the pier will be closed when it is deemed nec- and adjacent thereto. essary by the Director, KSC or his/her (4) The regulations in this section designee during launch operations or to shall be enforced by the Commanding address any perceived threat to the fa- Officer, U.S. Naval Ordnance Test Unit, AFMTC, Patrick Air Force Base, Flor- cilities. With the exception of local, ida. State, and Federal law enforcement en- tities, all persons, vessels, and other [25 FR 12244, Nov. 30, 1960. Redesignated at 50 craft are prohibited from entering, FR 42696, Oct. 22, 1985, as amended at 61 FR transiting, anchoring, or drifting with- 34733, July 3, 1996] in the restricted area when it is closed, § 334.540 Banana River at the Eastern unless they have the permission of the Range, 45th Space Wing, Cape Ca- Director, KSC or his/her designee. naveral Air Force Station, FL; re- (2) Due to the nature of this re- stricted area. stricted area, closures may occur with (a) The area. The restricted area shall little advance notice. Closure of the encompass all navigable waters of the area shall be noticed by warning state- United States, as defined at 33 CFR ments displayed on the electronic mar- part 329, within the Banana River con- quee signs located at the gates of the tiguous to the area offshore of Cape Ca- KSC and on an electronic marquee sign naveral Air Force Station, Florida. The located on the north side of the Port area is bounded by a line connecting Canaveral ship channel between the the following coordinates: Commencing Trident and Poseidon wharfs during from the shoreline at the southeast the duration of the closure. If time per- portion of the area, at approximately ° ′ ° ′ mits, additional information will be latitude 28 25.17 N, longitude 80 36.24 W, thence directly to latitude 28°25.18′ published in area newspapers and an- N, longitude 80°36.65′ W, thence directly nounced on marine radio broadcast. to latitude 28°25.25′ N, longitude (c) Enforcement. The regulations in 80°36.66′ W, thence directly to latitude this section shall be enforced by the 28°25.22′ N, longitude 80°38.36′ W, thence 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 ° ′ ° ′ [75 FR 34643, June 18, 2010] latitude 28 26.23 N, longitude 80 38.47 W, thence to reach the south side of

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the Kennedy Space Center NASA Base, Florida, and such agencies as he/ Causeway East Roadway at approxi- she may designate. mately latitude 28°30.74′ N, longitude ° ′ [29 FR 3702, Mar. 25, 1964. Redesignated at 50 80 36.63 W. FR 42696, Oct. 22, 1985, and amended at 58 FR (b) The regulation. (1) The area de- 37609, July 12, 1993; 62 FR 17554, Apr. 10, 1997; scribed in paragraph (a) of this section 70 FR 67371, Nov. 7, 2005] will be closed when it is deemed nec- essary by the Commander, 45th Space § 334.570 Banana River near Orsino, Wing or his/her designee to address any Fla.; restricted area. perceived threat to the local area. With (a) The area. That part of Banana the exception of local, State, and Fed- River N of the NASA Banana River eral law enforcement entities, all per- Causeway near Orsino and extending sons, vessels, and other craft are pro- above the head of said river to the N hibited from entering, transiting, an- and westerly to Kennedy Parkway choring, or drifting within the re- North. stricted area when it is closed without (b) The regulations. (1) All unauthor- the permission of the Commander, 45th ized craft and personnel shall stay Space Wing or his/her designee. clear of the area at all times. (2) Due to the nature of this re- (2) The regulations in this section stricted area, closures may occur with shall be enforced by the Director, John very little advance notice. Closure of F. Kennedy Space Center, NASA, Cocoa the area shall be noticed by the display Beach, Fla. of a red beacon located at the southern [30 FR 8831, July 14, 1965. Redesignated at 50 entrance to Cape Canaveral Air Force FR 42696, Oct. 22, 1985] Station. Information will be provided via marine radio broadcast during the § 334.580 Atlantic Ocean near Port Ev- duration of the area closure. erglades, Fla. (c) Enforcement. The regulations in (a) The area. Beginning at a point lo- this section shall be enforced by the cated at latitude 26°05′30″ N.—longitude Commander, 45th Space Wing, Patrick 80°03′30″ W.; proceed west to latitude Air Force Base, Florida and/or such 26°05′30″ N.—longitude 80°06′30″ W.; persons or agencies as he/she may des- Thence, southerly to latitude 26°03′00″ ignate. N.—longitude 80°06′42″ W.; Thence, east to latitude 26°03′00″ N.—longitude [74 FR 36401, July 23, 2009] 80°05′44″ W.; Thence, south to latitude 26°01′36″ N.—longitude 80°05′44″ W.; § 334.560 Banana River at Patrick Air Thence, east to latitude 26°01′36″ N.— Force Base, Fla.; restricted area. longitude 80°03′30″ W.; Thence, north to (a) The area. The waters within an the point of beginning. area beginning at a point located at (b) The regulations. (1) Anchoring, latitude 28°16′19″ N., longitude 80°36′28″ trawling, dredging, or attaching any W.; proceed west to latitude 28°16′19″ N., object to the submerged sea bottom longitude 80°36′35″ W.; thence, south- shall be prohibited in the above de- westerly to latitude 28°14′34″ N., lon- scribed area. gitude 80°37′08″ W.; thence, southerly to (2) The regulations of this section latitude 28°12′44″ N., longitude 80°37′18″ shall be enforced by the Facility Direc- W.; thence, east to latitude 28°12′44″ N., tor, Naval Surface Warfare Center, De- longitude 80°37′11″ W. This encompasses tachment Dania, Florida, and such an area reaching from the northern ex- agencies as he/she may designate. tent described to the southern extent [51 FR 1370, Jan. 13, 1986, as amended at 70 described and extending from the mean FR 67371, Nov. 7, 2005] high water line waterward a minimum distance of approximately 600 feet. § 334.590 Atlantic Ocean off Cape Ca- (b) The regulations. (1) All unauthor- naveral, Fla.; Air Force missile test- ized persons and watercraft shall stay ing area, Patrick Air Force Base, clear of the area at all times. Fla. (2) The regulations in this section (a) The danger zone. An area in the shall be enforced by the Commander, Atlantic Ocean immediately offshore 45th Space Wing, Patrick Air Force from Cape Canaveral defined by a line

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3 nautical miles from shore, said area latitude 28°35.008′ N, longitude 80°34.448′ terminating in the north at a line on a W, thence directly to latitude 28°35.716′ bearing of 70° from a point on shore at N, longitude 80°32.938′ W, thence fol- approximate latitude 28°35′ north and lowing the mean high water line at a in the south at a line on a bearing of distance of 1.5 nautical miles offshore 115° from a point on the shore at ap- proceed southerly to a point at latitude proximate latitude 28°25′ north. 28°24.187′ N, longitude 80°33.443′ W, (b) The regulations. (1) All unauthor- thence proceeding westerly to termi- ized persons and vessels are prohibited nate at a point on the shoreline at lati- from operating within the danger zone tude 28°24.69′ N, longitude 80°35.05′ W. during firing periods to be specified by (b) The regulation. (1) The area de- the Commander, Air Force Missile Test scribed in paragraph (a) of this section Center, Patrick Air Force Base. will be closed when it is deemed nec- (2) Warning signals will be used to essary by the Commander, 45th Space warn persons and vessels that the dan- Wing or his/her designee to address any ger zone is active. These signals will be perceived threat to the local area. With in the form of a large red ball and a red the exception of local, State, and Fed- flashing high intensity beacon. One sig- eral law enforcement entities, all per- nal will be located on a 90-foot pole sons, vessels, and other craft are pro- near the shoreline at the north end of hibited from entering, transiting, an- the danger zone, and one signal will be choring, or drifting within the re- located on a 90-foot pole near the stricted area when it is closed without shoreline about one-half mile north of the permission of the Commander, 45th the south limit of the danger zone. An Space Wing or his/her designee. amber rotating beacon and warning (2) Due to the nature of this re- sign will be erected on the north side of stricted area, closures may occur with the Port Canaveral ship channel to in- very little advance notice. Closure of dicate to vessels about to leave the the area shall be noticed by the display harbor that the danger zone is in use. of a red ball and red beacon from a 90- (3) When the signals in paragraph foot pole near the shoreline at approxi- (b)(2) of this section are displayed, all mately latitude 28°35.0′ N, longitude persons and vessels, except those au- 80°34.8′ W and from a 90-foot pole near thorized personnel and patrol vessels, the shoreline at approximately latitude will immediately leave the danger zone 28°25.3′ N, longitude 80°35.0′ W. Informa- by the most direct route and stay out tion will be provided via marine radio until the signals are discontinued. broadcast and a warning statement dis- (4) The regulations in this paragraph played on an electronic marquee sign shall be enforced by the Commander, located on the north side of the Port Air Force Missile Test Center, Patrick Canaveral ship channel between the Air Force Base, Fla., and such agencies Trident and Poseidon Wharf during the as he may designate. duration of the area closure. [22 FR 4814, July 9, 1957, as amended at 23 FR (c) Enforcement. The regulations in 3716, May 29, 1958; 27 FR 4778, May 19, 1962. this section shall be enforced by the Redesignated at 50 FR 42696, Oct. 22, 1985, as Commander, 45th Space Wing, Patrick amended at 62 FR 17554, Apr. 10, 1997] Air Force Base, Florida and/or such § 334.595 Atlantic Ocean off Cape Ca- persons or agencies as he/she may des- naveral; 45th Space Wing, Cape Ca- ignate. naveral Air Force Station, FL; re- [74 FR 36401, July 23, 2009; 74 FR 58849, Nov. stricted area. 16, 2009] (a) The area. The restricted area shall encompass all navigable waters of the § 334.600 TRIDENT Basin adjacent to United States, as defined at 33 CFR Canaveral Harbor at Cape Canav- part 329, contiguous to the area off- eral Air Force Station, Brevard shore of Cape Canaveral Air Force Sta- County, Fla.; danger zone. tion, Florida. The area is bounded by a (a) The danger zone. From the west line connecting the following coordi- side of the access channel at latitude nates: Commencing from the shoreline 28°24′37″, longitude 80°35′35″ to the east at the northwest portion of the area, at side of the access channel at latitude

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28°24′37″, longitude 80°35′26″ and the en- boundary and prohibiting all unauthor- tire basin. ized entry into the area will be posted (b) Regulations. (1) No unauthorized along the property boundary and, as person or vessel shall enter the area. appropriate, on the piers of the Mac- The area will be used for loading and Arthur Causeway Bridge adjacent to unloading explosives. The entrance to the restricted area. the basin will be marked by suitable (2) All persons, vessels, and other boundary signs. craft are prohibited from entering, (2) The regulations will be enforced transiting, drifting, dredging, or an- by the Commanding Officer, Naval Ord- choring within the restricted area de- nance Test Unit, Patrick Air Force scribed in paragraph (a) of this section Base, Florida, or such agencies he may without prior approval from the Base designate. Commander, U.S. Coast Guard Base Miami Beach or his/her designated rep- [41 FR 17898, Apr. 29, 1976. Redesignated at 50 resentative. FR 42696, Oct. 22, 1985, as amended at 62 FR 17554, Apr. 10, 1997] (3) Fishing, trawling, net-fishing, and other aquatic activities are prohibited § 334.605 Meloy Channel, U.S. Coast in the restricted area without prior ap- Guard Base Miami Beach, Florida; proval from the Base Commander, U.S. restricted area. Coast Guard Base Miami Beach or his/ (a) The area. The restricted area shall her designated representative. encompass all navigable waters of the (4) The restrictions described in para- United States as defined at 33 CFR part graph (b) of this section are in effect 24 329, within the area bounded by a line hours a day, 7 days a week. connecting the following coordinates: (c) Enforcement. The regulations in Commencing from the shoreline at this section shall be enforced by the latitude 25°46′20.07″ N, longitude Base Commander, U.S. Coast Guard 080°08′50.94″ W; thence to latitude Base Miami Beach and/or such persons 25°46′22.69″ N, longitude 080°08′44.01″ W; or agencies as he/she may designate. thence to latitude 25°46′22.02″ N, lon- [77 FR 42652, July 20, 2012] gitude 080°08′42.14″ W; thence to lati- tude 25°46′12.23″ N, longitude § 334.610 Key West Harbor, at U.S. 080°08’35.33″ W; thence to latitude Naval Base, Key West, Fla.; naval 25°46′09.13″ N, longitude 080°08′40.74″ W; restricted areas and danger zone. thence to latitude 25°46’11.63″ N, lon- (a) The areas. (1) All waters within 100 gitude 080°08’43.36″ W; thence to lati- yards of the south shoreline of the tude 25°46′17.22″ N, longitude Harry S. Truman Annex, beginning at 080°08′47.17″ W; thence to latitude a point on the shore at Latitude 25°46′17.15″ N, longitude 080°08′47.62″ W; 24°32′45.3″ N., Longitude 81°47′51″ W.; thence to latitude 25°46′17.63″ N, lon- thence to a point 100 yards due south of gitude 080°08′49.33″ W; thence to lati- the south end of Whitehead Street of tude 25°46′18.91″ N, longitude Latitude 24°32′42.3″ N., Longitude 080°08′50.24″ W; thence proceed directly 81°47′51″ W.; thence extending westerly, to a point on the shoreline at latitude paralleling the southerly shoreline of 25°46′18.76″ N, longitude 080°08′50.71″ W the Harry S. Truman Annex, to Lati- thence following the mean high water tude 24°32′37.6″ N., Longitude 81°48′32″ line to the point of beginning. W., thence northerly to the shore at (b) The regulations. (1) The restricted Latitude 24°32′41″ N., Longitude 81°48′31″ area described in paragraph (a) of this W. (Area #1). section is only open to U.S. Govern- (2) All waters within 100 yards of the ment vessels. U.S. Government vessels westerly shoreline of the Harry S. Tru- include, but are not limited to, U.S. man Annex and all waters within a por- Coast Guard and Coast Guard Auxil- tion of the Truman Annex Harbor, as iary vessels, Department of Defense defined by a line beginning on the vessels, state and local law enforce- shore at Latitude 24°33′00″ N., Lon- ment and emergency services vessels, gitude 81°48′41.7″ W.; thence to a point and vessels under contract with the 100 yards due west at Latitude 24°33′00″ U.S. Government. Warning signs noti- N., Longitude 81°48′45″ W.; thence fying individuals of the restricted area northerly, paralleling the westerly

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shoreline of the Harry S. Truman plosive hazard safety distance require- Annex, including a portion of the Tru- ments. man Annex Harbor entrance, to Lati- (5) All waters contiguous to the tude 24°33′23″ N., Longitude 81°48′37″ W.; southwesterly shoreline of Boca Chica thence southeasterly to the shore (sea Key beginning at a point on the south- wall) at Latitude 24°33′19.3″ N., Lon- west shoreline at Latitude 24°33′24″ N., gitude 81°48′28.7″ W. (Area #2). Longitude 81°42′30″ W.; proceed due (3) All waters within 100 yards of the south 100 yards to Latitude 24°33′20.4″ U.S. Coast Guard Station and the west- N., Longitude 81°42′30″ W.; thence, erly end of Annex begin- maintaining a distance of 100 yards ning at the shore at Latitude 24°33′47.6″ from the shoreline, proceed westerly ° ′ ″ N., Longitude 81°47′55.6″ W.; thence and northerly to Latitude 24 34 03 N., ° ′ ″ westerly to Latitude 24°33′48″ N., Lon- Longitude 81 42 47 W.; thence due gitude 81°48′00.9″ W.; thence due south north to a point at the easterly end of to Latitude 24°33′45.8″ N., Longitude the U.S. Highway 1 (Boca Chica Chan- ° ′ ″ 81°48′00.9″ W.; thence westerly to Lati- nel) bridge at Latitude 24 34 39 N., ° ′ ″ tude 24°33′47″ N., Longitude 81°48′12″ W.; Longitude 81 42 47 W. (Area #5). (6) All waters within an thence northerly to Latitude 24°34′06.2″ Danger zone. area along the northeast side of the N., Longitude 81°48′10″ W.; thence eas- Naval Air Station on terly to a point joining the restricted defined by a line beginning at latitude area around 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

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Bight. While the legitimate access of longitude 82°06′30″; thence easterly to privately owned vessels to facilities of latitude 24°25′00″, longitude 81°57′00″; Key West Bight is unimpeded, it is pro- thence southwesterly to latitude hibited to moor, anchor, or fish within 23°30′00″, longitude 82°19′00″; thence 50 feet of any U.S. Government-owned westerly to latitude 23°30′00″, longitude pier or craft (area #3). 82°46′00″; thence northwesterly to lati- (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. (ii) A circular area located directly (4) Vessels using the restricted chan- west of Marquesas Keys with a radius nel areas described in paragraph (b)(2) of three statute miles having its center (i), (ii), (iii), and (iv) of this section at latitude 24°35.6′ and longitude shall proceed at speeds commensurate 82°11.6′, not to include land area within with minimum wake. Marquesas Keys. The targets located (c) The regulations in this section within this area, pile-mounted plat- shall be enforced by the Commanding forms, will be used as high altitude Officer, Naval Air Station, Key West, horizontal bombing range utilizing live Florida, and such agencies as he/she ordnance up to and including 1,800 may designate. 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, type, above 1,500 feet. 1997; 70 FR 67371, Nov. 7, 2005; 72 FR 44973, (iii) A circular area located west of Aug. 10, 2007] 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 (b) The regulations. (1) In advance of gunnery range, and bombing and scheduled air or surface operations strafing target areas, Naval Air Sta- which, in the opinion of the enforcing tion, Key West, Fla. agency, may be dangerous to (a) The danger zones—(1) Operational watercraft, appropriate warnings will training area. Waters of the Straits of be issued to navigation interests Florida and Gulf of Mexico southwest, through official government and civil- west and northwest of Key West bound- ian channels or in such other manner ed as follows: Beginning at latitude as the District Engineer, Corps of Engi- 25°45′00″, longitude 82°07′00″; thence neers, Jacksonville, Florida, may di- southeast to latitude 24°49′00″, lon- rect. Such warnings will specify the lo- gitude 81°55′00″; thence southwest to cation, type, time, and duration of op- latitude 24°37′30″, longitude 82°00′30″; erations, and give such other pertinent thence westerly to latitude 24°37′30″, information as may be required in the longitude 82°06′00″; thence southerly to interests of safety. latitude 24°28′30″, longitude 82°06′00″; (2) Watercraft shall not be prohibited thence southerly to latitude 24°25′00″, from passing through the operational

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training area except when the oper- (b) The regulations. (1) All persons, ations being conducted are of such na- vessels and other watercraft are pro- ture that the exclusion of watercraft is hibited from entering the danger zone required in the interest of safety or for at all times. accomplishment of the mission, or is (2) Advance notice will be given of considered important to the national the date on which the first firing prac- security. tice shall begin. At intervals of not (3) When the warning to navigation more than three months thereafter, no- interests states that bombing and tice will be sent out that firing prac- strafing operations will take place over tice is continuing. Such notices will the designated target areas or that appear in local newspapers and in ‘‘No- other operations hazardous to tice to Mariners.’’ watercraft are proposed to be con- (3) The regulations in the section ducted in a specifically described por- shall be enforced by the proper Air tion of the overall area, all watercraft Force Authority at MacDill Air Force will be excluded from the target area Base. or otherwise described zone of oper- ations and no vessel shall enter or re- [13 FR 9559, Dec. 31, 1948. Redesignated at 14 main therein during the period oper- FR 4904, Aug. 9, 1949, and amended at 30 FR 884, Jan. 28, 1965. Redesignated at 50 FR 42696, ations are in progress. Oct. 22, 1985, as amended at 62 FR 17554, Apr. (4) Aircraft and naval vessels con- 10, 1997] ducting operations in any part of the operational training area will exercise § 334.635 Hillsborough Bay and waters caution in order not to endanger contiguous to MacDill Air Force watercraft. Operations which may be Base, Fla.; restricted area. dangerous to watercraft will not be (a) The area. The restricted area shall conducted without first ascertaining encompass all navigable waters of the that the zone of operations is clear. United States, as defined at 33 CFR 329, 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 ° ′ ″ FR 2508, Mar. 16, 1962; 31 FR 13129, Oct. 11, tude 27 51 01.067 N., longitude 1966. Redesignated at 50 FR 42696, Oct. 22, 82°27′45.355″ W., thence directly to lati- 1985] tude 27°50′43.248″ N., longitude 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

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82°31′10.000″ W., thence directly to lati- to the public through the usual media tude 27°49′09.350″ N., longitude for the dissemination of information. 82°32′24.556″ W., thence directly to lati- Inasmuch as such firing is likely to be tude 27°49′38.620″ N., longitude conducted during the day or night 82°33′02.444″ W., thence directly to lati- throughout the year without regard to tude 27°49′56.963″ N., longitude season, such advertising of firing will ° ′ ″ 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 point on the western shore of the base in the interest of public safety. at latitude 27°50′42.836″ N., longitude (2) Prior to the conduct of rocket fir- 82°32′10.972″ W. The restricted area will ing, the area will be patrolled by sur- encompass an existing Danger Zone face patrol boat and/or patrol aircraft (§ 334.630). to insure that no persons or watercraft (b) The regulations. (1) All persons, are within the danger zone and to warn vessels, and other craft are prohibited any such persons or watercraft seen in from entering, transiting, anchoring, the vicinity that rocket firing is about or drifting within the area described in to take place in the area. When aircraft paragraph (a) of this section for any is used to patrol the area, low flight of reason without the permission of the the aircraft across the bow will be used Commander, MacDill Air Force Base, as a signal or warning. Florida, or his/her authorized rep- (3) Any such person or watercraft resentative. shall, upon being so warned, imme- (2) The restriction noted in para- diately leave the area, and until the graph (b)(1) of this section is in effect conclusion of the firing shall remain at 24 hours a day, 7 days a week. such a distance that they will be safe (c) Enforcement. The regulations in from the fallout resulting from such this section shall be enforced by the Commander, MacDill Air Force Base, rocket firing. Florida, and/or such persons or agen- (4) The regulations in this section cies as he/she may designate. shall not deny access to or egress from harbors contiguous to the danger zone [70 FR 67371, Nov. 7, 1005] in the case of regular passenger or § 334.640 Gulf of Mexico south of cargo carrying vessels proceeding to or Apalachee Bay, Fla.; Air Force rock- from such harbors. In the case of the et firing range. presence of any such vessel in the dan- (a) The danger zone. An area about 45 ger zone the officer in charge shall statute miles wide and 60 statute miles cause the cessation or postponement of long, approximately parallel to and fire until the vessel shall have cleared about 30 miles off the west coast of that part of the area in which it might Florida, south of Apalachee Bay. The be endangered by the fallout. The ves- area is bounded as follows: Beginning sel shall proceed on its normal course at latitude 29°42′30″, longitude 84°40′00″; and shall not delay its progress unnec- thence east along latitude 29°42′30″ to essarily. Masters are requested to longitude 84°00′00″; thence southeast to avoid the danger zone whenever pos- latitude 28°56′00″, longitude 83°31′00″; sible so that interference with firing thence southwest to latitude 28°37′00″, training may be minimized. longitude 84°11′00″; thence northwest to (c) The regulations in this section latitude 29°17′30″, longitude 84°40′00″; shall be enforced by the Commander, ° ′ ″ thence northwest to latitude 29 32 00 , Moody Air Force Base, Valdosta, Geor- ° ′ ″ longitude 85 00 00 ; thence northeast gia, and such agencies as he may des- along a line three miles off the ignate. meanderings of the shore to the point of beginning. [21 FR 2944, May 3, 1956, as amended at 22 FR (b) The regulations. (1) The fact that 3755, May 29, 1957. Redesignated at 50 FR aerial rocket firing will be conducted 42696, Oct. 22, 1985, as amended at 62 FR 17554, over the danger zone will be advertised Apr. 10, 1997]

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§ 334.650 Gulf of Mexico, south of St. period of one hour. It may be used free- George Island, Fla.; test firing ly at all other times. range. (2) Patrol boats and aircraft will (a) The danger zone. A fan-shaped warn all persons and navigation out of area bounded as follows: the area before each testing period. (3) The federal regulations in this Latitude Longitude section shall be enforced by the Instal- NW corner— ..... 29°35′15″ 85°03′12″ lation Commander, Tyndall Air Force SW corner— ..... 29°31′18″ 85°07′31″ Base, Florida, and such other agencies SE corner— ...... 29°30′18″ 84°59′18″ as he/she may designate. NE corner— ...... 29°35′09″ 85°01′53″ [23 FR 5507, July 19, 1958, as amended at 23 FR 6555, Aug. 23, 1958. Redesignated at 50 FR The seaward end of the area is an arc 42696, Oct. 22, 1985, as amended at 62 FR 17555, with a 10,500 meter radius with its cen- Apr. 10, 1997; 82 FR 15639, Mar. 30, 2017] ter located on the south shore line of St. George Island 1,500 feet east of Cape § 334.665 East Bay, St. Andrew Bay St. George Light. and St. Andrew Sound, enhanced (b) The regulations. (1) The area shall threat restricted area, Tyndall Air be used from sunrise to sunset daily Force Base, Florida. Mondays through Fridays for test fir- (a) The area. (1) The coordinates pro- ing helicopter armament. vided herein are approximations ob- (2) During firing, the entire area plus tained using a commercial mapping 5 miles beyond in all directions shall be program which utilizes simple cylin- kept under surveillance by one control drical projection with a WGS84 datum helicopter equipped with FM and UHF for its imagery base and imagery dated communications to the Safety Office at February 15 and May 3, 2014. range control to insure cease fire if an (2) Each portion of the temporary re- aircraft or surface vessel is observed stricted area described in paragraphs approaching the area. (a)(4)(i) through (xxiii) of this section (3) The regulations in this section shall encompass all navigable waters of shall be enforced by the Commanding the United States as defined at 33 CFR Officer, U.S. Army Aviation Test part 329 within the area described and Board, Fort Rucker, Ala., and such includes all contiguous inland navi- agencies as he may designate. gable waters which lie within the land [33 FR 4464, Mar. 13, 1968, as amended at 36 boundaries of Tyndall Air Force Base FR 15528, Aug. 17, 1971. Redesignated at 50 FR (AFB). 42696, Oct. 22, 1985] (3) Because of the dynamic nature of these geographic features near barrier § 334.660 Gulf of Mexico and Apalachi- islands, the coordinate points provided cola Bay south of Apalachicola, Fla., may not reflect the current situation Drone Recovery Area, Tyndall Air regarding the location of a point at the Force Base, Fla. mean high water line or 500 feet (a) The restricted area. A rectangular waterward of the mean high water line. area excluding St. George Island with Even if the landform has shifted the eastern boundary of the area west through erosion or accretion, the in- of the channel through St. George Is- tent of the area description will be en- land within the following co-ordinates: forced from the existing point at the Beginning at a point designated as the mean high water line that is closest to northeast corner latitude 29°38′20″ N, the shoreline point provided herein out longitude 84°58′30″ W; thence southeast to a point located 500 feet waterward of to latitude 29°35′23″ N, longitude the mean high water line. 84°56′54″ W; thence southwest to lati- (4) The restricted area will be parti- tude 29°34′15″ N, longitude 85°00′35″ W; tioned using 23 pairs of coordinates to thence northwest to latitude 29°37′10″ facilitate quick geographic recogni- N, longitude 85°02′00″ W; thence north- tion. The first point in each pair of co- east to point of beginning. ordinates is located on the shoreline, (b) The regulations. (1) The area will and the second point is a point 500 feet be used twice daily and during usage waterward of the shoreline. From the will be restricted to navigation for a first point in each pair of coordinates,

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a line meanders irregularly following (xix) St. Andrew Sound west: 30°1.327′ the shoreline and connects to the first N., 85°33.756′ W. to 30°1.377′ N., 85°33.681′ point in the next pair of coordinates. W. From the second point in each pair of (xx) St. Andrew Sound northwest: coordinates, a line beginning 500 feet 30°1.921′ N., 85°33.244′ W. to 30°1.869′ N., waterward of the shoreline meanders 85°33.317′ W. irregularly following the shoreline at a (xxi) St. Andrew Sound northeast: distance of 500 feet waterward of the 30°0.514′ N., 85°31.558′ W. to 30°0.452′ N., shoreline and connects to the second 85°31.619′ W. point in the next pair of coordinates. (xxii) Wild Goose Lagoon: 29°59.395′ N., The restricted area shall encompass all 85°30.178′ W. to 29°59.319′ N., 85°30.216′ W. navigable waters of the United States (xxiii) Crooked Island North: 29°59.003′ as defined at 33 CFR part 329 within the N., 85°30.396′ W. to 29°59.082′ N., 85°30.371′ area bounded by lines connecting each W. of the following pairs of coordinates: (b) The regulations. (1) Unless one or (i) Farmdale Bayou: 30°1.156′ N., more portions of the restricted area 85°26.915′ W. to 30°1.238′ N., 85°26.915′ W. identified in paragraphs (a)(4)(i) (ii) Baker Bayou: 30°1.325′ N., 85°29.008′ through (xxiii) of this section is acti- W. to 30°1.402′ N., 85°28.977′ W. ° ′ vated, all persons, vessels and other (iii) Blind Alligator Bayou: 30 2.094 N., craft are permitted access to all of the 85°29.933′ W. to 30°2.151′ N., 85°29.864′ W. navigable waters described in para- ° ′ (iv) Little Oyster Bay Point: 30 3.071 graph (a) of this section. N., 85°30.629′ W. to 30°3.133′ N., 85°30.568′ (2) During times when the restricted W. area defined in paragraphs (a)(4)(i) (v) Goose Point South: 30°3.764′ N., through (xxiii) of this section is not ac- 85°31.874′ W. to 30°3.719′ N., 85°31.795′ W. tive, U.S. Air Force boat patrols may (vi) Goose Point North: 30°4.599′ N., ° ′ ° ′ ° ′ operate in the waters adjacent to Tyn- 85 31.577 W. to 30 4.650 N., 85 31.503 W. dall AFB’s shoreline to observe the ° ′ (vii) Little Cedar Bayou: 30 4.974 N., shoreline in order to identify any ° ′ ° ′ ° ′ 85 33.476 W. to 30 5.024 N., 85 33.401 W. threats to the installation or per- ° ′ (viii) Chatters on Bayou: 30 5.729 N., sonnel. U.S. Air Force personnel will ° ′ ° ′ ° ′ 85 34.632 W. to 30 5.811 N., 85 34.625 W. not have any authority to enforce fed- ° ′ ° ′ (ix) Fred Bayou: 30 5.992 N., 85 35.296 eral, state, or local laws on the water. ° ′ ° ′ W. to 30 6.071 N., 85 35.325 W. (3) Due to the nature of security ° ′ ° ′ (x) Pearl Bayou: 30 6.039 N., 85 36.651 threats, restricted area activation may ° ′ ° ′ W. to 30 6.043 N., 85 36.557 W. occur with little advance notice. Acti- ° ′ (xi) Military Point: 30 7.394 N., vation will be based on local or na- ° ′ ° ′ ° ′ 85 37.153 W. to 30 7.459 N., 85 37.096 W. tional intelligence information related (xii) Freshwater Bayou: 30°7.425′ N., to threats against military installa- ° ′ ° ′ ° ′ 85 38.655 W. to 30 7.473 N., 85 38.578 W. tions and/or resources common to Tyn- (xiii) Smack Bayou: 30°7.826′ N., dall AFB in concert with evaluations 85°39.654′ W. to 30°7.838′ N., 85°39.560′ W. conducted by the Tyndall AFB Threat (xiv) Redfish Point: 30°8.521′ N., Working Group and upon direction of 85°40.147′ W. to 30°8.598′ N., 85°40.113′ W. the Installation Commander, Tyndall (xv) Davis Point: 30°7.348′ N., 85°41.224′ AFB. The Installation Commander ac- W. to 30°7.364′ N., 85°41.317′ W. tivates only those portions of the re- (xvi) Tyndall Marina: 30°5.827′ N., stricted area identified in paragraphs 85°39.125′ W. to 30°5.762′ N., 85°39.184′ W. (a)(4)(i) through (xxiii) of this section (xvii) Heritage Bayou: 30°3.683′ N., that are necessary to provide the level 85°35.823′ W. to 30°3.743′ N., 85°35.887′ W. of security required in response to the (xviii) NCO Beach North: 30°4.209′ N., specific and credible threat(s) trig- 85°37.430′ W. to 30°4.272′ N., 85°37.368′ W. gering the activation. The duration of The restricted Area will end on the activation for any portion(s) of the re- west side of the land bridge that ex- stricted area defined in paragraph (a) tends into Shell Island. The Restricted of this section, singularly or in com- Area resumes on the east side of the bination, will be limited to those peri- land bridge that extends into St. An- ods where it is warranted or required drew Sound. by security threats. Activated portions

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of the restricted area will be reevalu- § 334.670 Gulf of Mexico south and ated every 48 hours to determine if the west of Apalachicola, San Blas, and threat(s) triggering the activation or St. Joseph bays; air-to-air firing related threats warrant continued acti- practice range, Tyndall Air Force vation. The activated portion(s) of the Base, Fla. restricted area expire if no reevalua- (a) The danger zone. Beginning at tion occurs or if the Installation Com- latitude 29°40′00″, longitude 85°21′30″, in mander determines that activation is the vicinity of Cape San Blas; thence no longer warranted. southeasterly to latitude 29°23′00″, lon- (4) Public notification of a temporary gitude 84°39′00″; thence southwesterly waterway restricted area activation by to latitude 28°39′00″, longitude 84°49′00″; the Installation Commander will be thence northwesterly to latitude made by the 325 Fighter Wing Public 29°43′00″, longitude 85°53′00″; thence Affairs office using all available medi- northeasterly to latitude 29°56′30″, lon- ums (marine VHF broadcasts [channels gitude 85°38′30″; and thence southeast- 13 and 16], local notices to mariners, erly to the point of beginning. local news media releases, social media (b) The regulations. (1) Air-to-air fir- postings on both the Tyndall official Web page [www.tyndall.af.mil] and ing practice will ordinarily take place Facebook [www.facebook.com/ in the area during the hours of day- 325FWTyndall], radio beepers through light, seven days per week. During pe- locally broadcasting stations, and the riods of firing, passage through the Tyndall Straight Talk [recorded tele- area will not be denied to cargo-car- phone line 1–478–222–0011]). These medi- rying or passenger-carrying vessels or ums will be updated should the water- tows proceeding on established routes. way restriction be extended beyond the In case any such vessel is within the initial 48 hour activation and/or termi- danger area, the officer in charge of fir- nated upon direction of the Installa- ing practice operations will cause the tion Commander. cessation or postponement of fire until (5) During times when the Installa- the vessel has cleared that part of the tion Commander activates any por- area within range of the weapons being tion(s) of the temporary restricted area used. The vessel shall proceed on its defined in paragraph (a) of this section normal course and not delay its all entry, transit, drifting, anchoring progress. or attaching any object to the sub- (2) All persons and vessels will be merged sea-bottom within the acti- warned to leave the danger area during vated portion(s) of the restricted area firing practice by surface patrol boat is not allowed without the written per- and/or patrol aircraft. When aircraft is mission of the Installation Com- used to patrol the area, low flight of mander, Tyndall AFB, Florida or his/ the aircraft overhead and/or across the her authorized representative. Pre- bow will be used as a signal or warning. viously affixed mooring balls estab- Upon being so warned all persons and lished to support watercraft during in- tense weather conditions (i.e., tropical vessels shall clear the area imme- storms, hurricanes, etc.) may remain diately. within the activated portion(s) of the (3) The area will be open to all ves- restricted area, however watercraft sels whenever firing practice is not should not be anchored to the mooring being conducted. balls without the permission of the In- (4) The regulations in this section stallation Commander, Tyndall AFB, shall be enforced by the Commanding Florida or his/her authorized represent- Officer, Tyndall Air Force Base, Flor- ative. ida, and such agencies as he may des- (c) Enforcement. The regulations in ignate. this section shall be enforced by the In- [16 FR 7460, July 31, 1951, as amended at 22 stallation Commander, Tyndall AFB FR 3755, May 29, 1957. Redesignated at 50 FR and/or such persons or agencies as he/ 42696, Oct. 22, 1985, as amended at 62 FR 17555, she may designate. Apr. 10, 1997; 62 FR 24034, May 2, 1997] [82 FR 15639, Mar. 30, 2017]

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

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

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(2) During periods of firing, passage and 211.4 as measured from the Harvey through the area will not be denied to Lock, Louisiana, ‘‘zero mile’’ location. cargo-carrying or passenger-carrying (2) The restricted areas—(i) Area 1. The vessels or tows proceeding on estab- restricted area shall encompass all lished routes. In case any such vessel is navigable waters of the United States within the danger zone, the officer in as defined at 33 CFR part 329, including charge of firing operations will cause the waters of Santa Rosa Sound and the cessation or postponement of fire Gulf of Mexico, surrounding the danger until the vessel has cleared the portion zone described in paragraph (a)(1) of of the danger area involved. The entire this section, within a circle five nau- area involved will be under constant tical miles in radius centered at lati- observation of both surface patrol ves- tude 30°23′10.074″ N, longitude sels and air patrol planes prior to and 086°48′25.433″ W (USC&GS Station Tuck during periods of firing and notice will 3). The portion of the area in Santa be given to vessels and tows of inten- Rosa Sound includes the Gulf Intra- tion to fire by buzzing low over the ves- coastal Waterway between mile des- sel, upon which signal vessels and tows ignation 204.6 and 216.4 as measured shall proceed on their established from the Harvey Lock, Louisiana, course promptly and clear the area as ‘‘zero mile’’ location. soon as possible. (ii) Area 2. Santa Rosa Island, North (3) All persons and vessels, except Side. The restricted area shall encom- those identified in paragraph (b)(2) of pass all navigable waters of the United this section, will be warned to leave States as defined at 33 CFR part 329 the immediate danger area during fir- within the area bounded by a line con- ing periods by surface patrol craft. Upon being so warned, such persons necting the following coordinates: and vessels shall clear the area imme- Commencing from the shoreline at ° ′ ″ diately. Such periods normally will not latitude 30 24 06.58 N, longitude ° ′ ″ exceed two hours. 086 40 25.00 W; thence to latitude ° ′ ″ ° ′ ″ (c) Enforcement. (1) The regulations in 30 24 08.08 N, longitude 086 40 25.00 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°23′12.34″ N, longitude 086°50′57.62″ 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°23′10.85″ as defined by the Department of De- N, longitude 086°50′57.62″ W. The area fense Force Protection Condition also includes all contiguous inland nav- (FPCON) System. igable waters which lie within the land boundaries of Eglin AFB. [76 FR 75455, Dec. 2, 2011] (iii) Area 3. Choctawhatchee Bay, § 334.730 Waters of Santa Rosa Sound North side—Hurlburt Field. The re- and Gulf of Mexico adjacent to stricted area shall encompass all navi- Santa Rosa Island, Armament Cen- gable waters of the United States as ter, Eglin Air Force Base, Fla. defined at 33 CFR part 329 within the (a) The areas—(1) The danger zone. area bounded by a line connecting the The danger zone shall encompass all following coordinates: navigable waters of the United States Commencing from the shoreline at as defined at 33 CFR part 329, including latitude 30°24′28.30″ N, longitude the waters of Santa Rosa Sound and 086°40′54.91″ W; thence to latitude Gulf of Mexico within a circle one nau- 30°24′26.32″ N, longitude 086°40′54.91″ W; tical mile in radius, centered at lati- then the line meanders irregularly, fol- tude 30°23′10.074″ N, longitude lowing the shoreline at a distance of 086°48′25.433″ W (USC&GS Station Tuck 200 feet seaward from the mean high 3). The portion of the area in Santa water line to a point at latitude Rosa Sound includes the Gulf Intra- 30°24′20.92″ N, longitude 086°41′45.96″ W; coastal Waterway between miles 209.6 thence directly to latitude 30°24′23.31″

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

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

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as defined by the Department of De- on the shoreline at latitude 30°24′36.30″ fense Force Protection Condition N, longitude 086°46′09.19″ W. (FPCON) System. (b) The regulations. (1) All persons, vessels and other craft are permitted [76 FR 75457, Dec. 2, 2011] access to the restricted area described in paragraph (a) of this section. Any § 334.746 U.S. Coast Guard, Destin Sta- person or vessel within the restricted tion at Eglin Air Force Base, Fla.; restricted area. area will be subject to identification checks by U.S. Air Force patrol boats. (a) The area. The restricted area shall During times of high security threats encompass all navigable waters of the against Eglin AFB, all entry, transit, United States, as defined at 33 CFR anchoring or drifting within the re- part 329, within the area bounded by a stricted area described in paragraph (a) line connecting the following coordi- of this section for any reason is not al- nates: Commencing from the shoreline lowed without the permission of the at latitude 30°23′33.45″ N, longitude Commander, Eglin AFB, Florida, or 86°31′37.51″ W; thence to latitude his/her authorized representative. 30°23′35.67″ N, longitude 86°31′37.31″ W; (2) The area identified in paragraph thence to latitude 30°23′33.68″ N, lon- (a) of this section and the associated gitude 86°31′30.98″ W; thence to latitude restrictions described in paragraph 30°23′32.00″ N, longitude 86°31′28.80″ W; (b)(1) of this section are in effect 24 thence proceeding directly to a point hours a day, 7 days a week. on the shoreline at latitude 30°23′30.14″ (c) Enforcement. (1) The regulations in N, longitude 86°31′30.21″ W. this section shall be enforced by the (b) The regulations. (1) No person or Commander, 96 Air Base Wing, Eglin vessel shall enter the area without the AFB, Florida and such agencies as he/ permission of the Commander, U.S. she may designate. Coast Guard, Destin Station, Florida, (2) Enforcement of the regulations in or his/her authorized representative. this section will be accomplished in ac- (2) The area identified in paragraph cordance with the active security level (a) of this section and the associated as defined by the Department of De- restrictions described in paragraph fense Force Protection Condition (b)(1) of this section are in effect 24 (FPCON) System. 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- Commander, U.S. Coast Guard, Destin ama City and Alligator Bayou, a Station, and such agencies as he/she tributary of St. Andrew Bay, Fla.; 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 nates: Commencing from the shoreline the shoreline at a minimum distance of at latitude 30°24′35.06″ N, longitude 100 feet from the mean high water line 086°46′20.31″ W; thence to latitude to a point at latitude 30°10′16.7″ N., lon- 30°24′33.57″ N, longitude 086°46′20.31″ W; gitude 85°45′01.2″ W. located east of the then the line meanders irregularly, fol- south side of the entrance to Alligator lowing the shoreline at a distance of Bayou; thence directly across the en- 150 feet seaward from the mean high trance to a point at latitude 30°10′23.4″ water line to a point at latitude N., longitude 85°45′05.7″ W. located east 30°24′34.81″ N, longitude 086°46′09.19″ W, of the north side of the entrance to Al- thence proceeding directly to a point ligator Bayou; thence continuing the

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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. coordinates (listed by latitude, then (2) All areas identified in this section longitude): Northwest point—30°11′14″ have the potential to be active at any N, 085°44′59″ W; Northeast point— time. The normal/routine activation of 30°11′13″ N, 085°44′32″ W; Southeast any area will be noticed to the public point—30°10′32″ N, 085°44′32″ W; South- via a General Local Notice to Mariners. west point—30°10′32″ N, 085°44′59″ W, Activation of any area for significant then northerly to point of origin. exercises and training events will be (3) Area BA–2. The area is bounded by noticed, in advance and during the a line directly connecting the following event, to the public via Notice to Mari- coordinates (listed by latitude, then ners and Broadcast Notice to Mariners.

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(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 con- necting 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 085°46′52″ W, then northerly to point of occurring within the active military origin. security zone/s and offering naviga- (b) The restrictions. (1) For the pur- tional advice to ensure the activity re- poses of this section, ‘‘military secu- mains clear of the exercise. rity zones’’ are specific portion/s with- (2) All areas identified in this section in any of the restricted areas identified have the potential to be active at any in this section that are defined by the time. The normal/routine activation of safety vessels accompanying each any area will be noticed to the public training exercise. The mission of the via a General Local Notice to Mariners. safety vessels is to maximize safety Activation of any area for significant

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exercises and training events will be (3) Vessels are authorized direct noticed, in advance and during the movement without stopping through event, to the public via Notice to Mari- this area at any time unless warned by ners and Broadcast Notice to Mariners. helicopter or patrol boat. (c) Enforcement. The regulations in (4) The area will be patrolled by heli- this section shall be enforced by the copter/vessels during periods of haz- Commanding Officer, Naval Support ardous military activity. Verbal warn- Activity, Panama City Florida, and ings or instructions issued by these such agencies as he/she may designate. craft will be strictly adhered to. [73 FR 52928, Sept. 12, 2008] (5) The regulations in this section shall be enforced by the Commanding § 334.770 Gulf of Mexico and St. An- Officer, Tyndall Air Force Base, Flor- drew Sound, south of East Bay, Fla., ida, and such agencies as he may des- Tyndall Drone Launch Corridor, ignate. Tyndall Air Force Base, Fla.; re- stricted area. (Sec. 7, 40 Stat. 266; 33 U.S.C. 1) (a) The area. The waters of the Gulf [40 FR 8949, Mar. 4, 1975; 40 FR 10988, Mar. 10, of Mexico and St. Andrew Sound within 1975. Redesignated at 50 FR 42696, Oct. 22, an area described as follows, including 1985] Crooked Island: Beginning at a point on shore at latitude 30°01′30″, longitude § 334.775 Naval Air Station Pensacola, 85°32′30″, thence to latitude 30°00′58″, Pensacola Bay, Pensacola and Gulf longitude 85°33′38″, thence to latitude Breeze, Fla.; naval restricted area. 29°56′38″, longitude 85°33′38″, thence to (a) The areas. (1) Bounded by a line latitude 29°55′15″, longitude 85°31′21″, drawn in the direction of 180° T from thence to a point on shore at latitude the position latitude 30°20′44″ N., lon- ° ′ ″ ° ′ ″ 30 00 58 , longitude 85 31 21 , thence gitude 87°17′18″ W. (near the Naval Air northwest to the point of beginning. Station, due south of the Officer′s This area will be referred to as the Club) to position latitude 30°20′09″ N., ‘‘Tyndall Drone Launch Corridor.’’ longitude 87°17′18″ W. thence 94° T to (b) The regulations. (1) Military usage position latitude 30°20′07″ N., longitude of areas is Monday through Friday be- 87°16′41″ W., thence 49° T to position tween the hours of 7 a.m. and 5 p.m. latitude 30°20′37″ N., longitude 87°16′01″ (2) Vessels are allowed to enter and W. (southwest end of Lexington finger remain in this area provided they have pier), thence along the shoreline to operational communication equipment point of origin. capable of monitoring VHF Marine fre- 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. (ii) Announcement 60 minutes prior (b) The restrictions. (1) The area de- to drone launch. scribed in paragraph (a)(1) of this sec- (iii) Announcement of drone launch tion will normally be in use Monday or drone cancelled, and the expected through Wednesday between 8 a.m. and time of the drone launch. Upon receipt 4 p.m. and one evening from 4 p.m. of the drone warning on either Channel until 8 p.m., every other week. 16 (156.80 MHz) or Channel 13 (27.115 (2) The area described in paragraph MHz), vessels will take the necessary (a)(2) of this section will normally be action to vacate the drone launch cor- utilized Wednesday through Friday be- ridor not later than 60 minutes prior to tween 8 a.m. and 4 p.m. for parasail op- expected drone launch. erations.

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(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 northeasterly, paralleling the shoreline this section. The Commanding Officer, at a minimum distance of 500 feet off- Naval Air Station Pensacola, or his/her shore, to Point 3, Latitude 30°19′48″ N., designee, or the Commanding Officer of Longitude 87°19′35″ W.; thence, main- a vessel of the United States operating taining a minimum distance of 500 feet within the said area, may grant special offshore or along the northerly edge of permission to a person, vessel, or craft the Gulf Intracoastal Waterway Chan- to enter upon the waters subject to the nel (whichever is less), continue to restrictions aforementioned. Point 4, Latitude 30°20′00″ N., Lon- (2) The existing ‘‘Navy Channel’’ ad- gitude 87°19′03″ W.; thence, maintaining jacent to the north shore of Magazine a minimum distance of 500 feet offshore Point, by which vessels enter and

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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 FR 2666, Mar. 30, 1960; 28 FR 349, Jan. 12, 1963. so great and so imminent that closing Redesignated at 50 FR 42696, Oct. 22, 1985, as the channel to all but designated mili- amended at 62 FR 17555, Apr. 10, 1997; 70 FR tary craft is required for security rea- 67372, Nov. 7, 2005] sons, or as directed by higher author- ity. This section will not preclude the § 334.781 Supervisor of Shipbuilding, closure of the channel as part of a secu- Conversion and Repair Gulf Coast, rity exercise; however, such closures of Pascagoula, Mississippi; naval re- said channel will be limited in duration stricted area. and scope to the maximum extent so as (a) The area. The datum for all co- not to interfere with the ability of pri- ordinates is in NAD83 in accordance vate vessels to use the channel for with 33 CFR 334.6. The restricted area navigation in public waters adjacent shall encompass all navigable waters of thereto not otherwise limited by this the United States, as defined at 33 CFR regulation. part 329, contiguous to the area identi- (3) The regulations in this section fied as the Huntington Ingalls Incor- shall be enforced by the Commanding porated/Ingalls Shipbuilding and Dry Officer of the Naval Air Station, Pensa- Dock (HII) facility and the mean high cola, Florida, and such agencies he/she water level within an area contained in may designate. an ‘‘L’’ shaped area bounded by the [53 FR 27682, July 22, 1988, as amended at 62 shore on the west and north ends of the FR 17555, Apr. 10, 1997; 70 FR 67372, Nov. 7, area and bounded by buoys on the east 2005] and south sides of the area starting at: Latitude N. 30°21.13′ longitude W. § 334.780 Pensacola Bay, Fla.; seaplane 88°34.13′, thence to Latitude N. 30°21.08′ restricted area. longitude W. 88°34.13′, thence to Lati- (a) The area. Beginning at latitude tude N. 30°21.03′ longitude W. 88°34.13′, 30°22′28″, longitude 87°16′00″; thence to thence to Latitude N. 30°20.98′ lon- latitude 30°21′02″, longitude 87°14′20″; gitude W. 88°34.13′, thence to Latitude thence to latitude 30°20′02″, longitude N. 30°20.93′ longitude W. 88°34.13′, 87°15′16″; thence to latitude 30°20′11″; thence to Latitude N. 30°20.88′, lon- longitude 87°17′58″; and thence to 272° gitude W. 88°34.13′, thence to Latitude true to the shore. N. 30°20.83′ longitude W. 88°34.13′, (b) The regulations. (1) The area is es- thence to Latitude N. 30°20.78′ lon- tablished as a Naval Air Station small gitude W. 88°34.13′, thence to Latitude boat operations and training area. N. 30°20.73′ longitude W. 88°34.13′, (2) All persons, vessels, and other thence to Latitude N. 30°20.68′ lon- craft are prohibited from entering the gitude W. 88°34.13′, thence to Latitude waters described in paragraph (a) of N. 30°20.63′ longitude W. 88°34.13′, this section for any reason. All vessels thence to Latitude N. 30°20.64′ lon- and craft, including pleasure vessels gitude W. 88°34.10′, thence to Latitude and craft (sailing, motorized, and/or N. 30°20.64′ longitude W. 88°34.25′, rowed or self-propelled), private and thence to Latitude N. 30°20.64′ lon- commercial fishing vessels, other com- gitude W. 88°34.33′, thence to Latitude mercial vessels, barges, and all other N. 30°20.64′ longitude W. 88°34.41′, vessels and craft, except vessels owned thence to Latitude N. 30°20.59′ lon- or operated by the United States and/or gitude W. 88°34.47′, thence to Latitude a Federal, State, or local law enforce- N. 30°20.59′ longitude W. 88°34.51′, ment agency are restricted from enter- thence to Latitude N. 30°20.59′ lon- ing, transiting, anchoring, drifting or gitude W. 88°34.57′, thence to Latitude otherwise navigating within the area N. 30°20.59′ longitude W. 88°34.63′, described in paragraph (a) of this sec- thence to Latitude N. 30°20.59′ lon- tion. gitude W. 88°34.70′, thence to Latitude

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N. 30°20.64′ longitude W. 88°34.75′, (b) The regulations. (1) All persons, thence to Latitude N. 30°20.64′ lon- swimmers, vessels and other craft, ex- gitude W. 88°34.82′, thence to Latitude cept those vessels under the super- N. 30°20.64′ longitude W. 88°34.87′, vision or contract to local military or thence to Latitude N. 30°20.71′ lon- Naval authority, vessels of the U.S. gitude W. 88°34.87′. The datum for these Coast Guard and local or State law en- coordinates is WGS84. forcement vessels are prohibited from (b) The regulations. (1) All persons, entering the restricted area without swimmers, vessels and other craft, ex- permission from the Supervisor of cept those vessels under the super- Shipbuilding, Conversion and Repair, vision or contract to local military or USN, Gulf Coast, Pascagoula, Mis- Naval authority, vessels of the United sissippi or his/her authorized represent- States Coast Guard, and local or state ative. law enforcement vessels, are prohibited (2) The restricted area is in effect from entering the restricted area with- twenty four hours per day and seven out permission from the Supervisor of days a week. Shipbuilding, Conversion and Repair, (3) Should warranted access into the USN, Gulfcoast or his/her authorized restricted navigation area be needed, representative. all entities are to contact the Super- (2) The restricted area is in effect visor of Shipbuilding, Conversion and twenty-four hours per day and seven Repair, USN, Gulf Coast, Pascagoula, days a week (24/7). Mississippi, or his/her authorized rep- (3) Should warranted access into the resentative on Marine Communication restricted navigation area be needed, Channel 16. all entities are to contact the Super- (c) Enforcement. The regulation in visor of Shipbuilding, Conversion and this section shall be enforced by the Repair, USN, Gulf Coast, Pascagoula, Supervisor of Shipbuilding, Conversion Mississippi, or his/her authorized rep- and Repair, USN, Gulf Coast, resentative on Marine Communication Pascagoula, Mississippi, and/or such Channel 16. agencies or persons as he/she may des- (c) Enforcement. The regulation in ignate. this section shall be enforced by the [74 FR 48152, Sept. 22, 2009, as amended at 77 Supervisor of Shipbuilding, Conversion FR 42653, July 20, 2012] and Repair, USN, Gulf Coast and/or such agencies or persons as he/she may § 334.783 Arlington Channel, U.S. designate. Coast Guard Base Mobile, Mobile, Alabama, Coast Guard restricted [81 FR 90722, Dec. 15, 2016] area. § 334.782 SUPSHIP Gulf Coast, (a) The area. The waters of Arlington Pascagoula, Mississippi, Detach- Channel west of a line from latitude ment Mobile, Alabama at AUSTAL, 30°–39′—09″ N, longitude 088°–03′–24″ W USA, Mobile, Alabama; restricted to latitude 30°–38′–54″ N., longitude 088′– area. 03°–17′′ W. (a) The area. The restricted area (b) The regulations. The restricted would encompass all navigable waters area is open to U.S. Government ves- of the United States, as defined at 33 sels and transiting vessels only. U.S. CFR part 329, contiguous to the area Government vessels include U.S. Coast identified as AUSTAL, USA and the Guard vessels, Department of Defense mean high water level within a rectan- vessels, state and local law enforce- gular shaped area on the east side of ment and emergency services vessels the Mobile River beginning at latitude and vessels under contract with the 30°41′36.46″, longitude—88°2′2.70″; thence U.S. Government. Vessels transiting westerly to latitude 30°41′35.85″, lon- the restricted area shall proceed across gitude—88°2″; 5.12″; thence southerly to the area by the most direct route and latitude 30°41′26.67″, longitude— without unnecessary delay. Fishing, 88°2′3.62″; thence easterly to latitude trawling, net-fishing and other aquatic 30°41′26.98″, longitude—88°2′1.81″ ; thence activities are prohibited in the re- northerly along the easterly shoreline stricted area without prior approval to the point of origin. from the Commanding Officer, U.S.

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Coast Guard Group Mobile or his des- exclusively, in periods of two to eight ignated representative. hours, between 6 a.m. and 6 p.m. Train- (c) Enforcement. The regulations in ing may occur at night, in darkness. this section shall be enforced by the (c) Enforcement. The restrictions on Commanding Officer, U.S. Coast Guard public access in this section shall be Group Mobile or his designated rep- enforced by the Commanding Officer, resentative. Naval Construction Battalion Center, Gulfport or by such other person(s) as [69 FR 45259, July 29, 2004] he or she may designate. § 334.784 East Pearl River, within the [82 FR 49114, Oct. 24, 2017] acoustic buffer area of the John C. Stennis Space Center, and adjacent § 334.787 81st Security Forces Anti- to lands, in Hancock County, Mis- Terrorism Office, Keesler Air Force sissippi; danger zone. Base, Biloxi, Mississippi; no anchor- (a) The area. A danger zone is estab- age restricted area. lished in and to the extent of waters of (a) The area. The restricted area shall the United States, as defined in 33 CFR encompass all navigable waters of the part 329, in the following reaches of the United States, as defined at 33 CFR East Pearl River south of a point lo- part 329, contiguous to the area identi- cated at latitude 30.4030° N., longitude fied as Keesler Air Force Base (KAFB) ¥89.6815° W., to a point below the con- and the mean high water level within fluence of Mikes River, located at lati- an area bounded by the shore and tude 30.3561° N., longitude ¥89.6514° W. buoys from the east to the west of the The datum for these coordinates is area starting at: Latitude 30°25′11.73″ N, NAD 1983. longitude 88°54′57.69″ W, thence to lati- (b) The regulation. (1) No person, ves- tude 30°25′11.85″ N, longitude 88°55′3.46″ sel, or other watercraft, other than a W, thence to latitude 30°25′8.00″ N, lon- vessel owned and operated by the gitude 88°55′10.10″ W, thence to latitude United States, shall enter or remain in 30°25′4.15″ N, longitude 88°55′16.74″ W, the danger zone, or within a portion or thence to latitude 30°25′6.96″ N, lon- portions thereof, when closed to public gitude 88°55′24.12″ W, thence to latitude access, as provided in paragraph (b)(2) 30°25′1.83″ N, longitude 88°55′30.01″ W, of this section, except by permission of thence to latitude 30°24′56.15″ N, lon- the Commanding Officer, Naval Con- gitude 88°55′34.16″ W, thence to latitude struction Battalion Center, Gulfport or 30°24′51.14″ N, longitude 88°55′39.56″ W, such other person(s) as he or she may thence to latitude 30°24′47.48″ N, lon- designate. gitude 88°55′46.64″ W, thence to latitude (2) The danger zone, or a portion or 30°24′51.08″ N, longitude 88°55′53.46″ W, portions thereof, will be closed, for thence to latitude 30°24′55.30″ N, lon- riverine, weapons, or other dangerous gitude 88°55′59.91″ W, thence to latitude naval training, by placement of Gov- 30°24′56.87″ N, longitude 88°56′7.40″ W. ernment picket boats at the northern The datum is NAD–83. and southern boundaries in the East (b) The regulations. (1) All persons, Pearl River, or at such other loca- swimmers, vessels and other craft, ex- tion(s) within the danger zone as may cept those vessels under the super- be determined to be sufficient to pro- vision or contract to local military or tect the public. Prior to closure, picket USAF authority, vessels of the United boats will transit the area(s) to be States Coast Guard, and local or state closed, to ensure that no persons, ves- law enforcement vessels, are prohibited sels, or other watercraft are present. from entering the restricted area with- Once the danger zone, or location(s) out permission from the USAF 81st Se- within the danger zone, has been curity Forces Anti-Terrorism Office, cleared, picket boats will remain in po- KAFB or its authorized representative. sition, upstream and downstream, until (2) The restricted area is in effect it is safe to re-open the area(s) to pub- twenty-four hours per day and seven lic access. days a week (24/7). (3) Riverine, weapons, and other dan- (3) Should warranted access into the gerous naval training may occur on restricted navigation area be needed, any day of the week, typically, but not all entities are required to contact the

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USAF 81st Security Forces Anti-Ter- North latitude West longitude rorism Office, KAFB, Biloxi, Mis- ° ′ ″ ° ′ ″ sissippi, or its authorized representa- 27 40 41.6 97 15 33.3 tive. (c) Enforcement. The regulation in thence to a point on shore at latitude this section shall be enforced by the 27°40′44.9″ N.; thence along the shore to USAF 81st Security Forces Anti-Ter- the point of beginning. rorism Office, KAFB and/or such agen- (b) The regulations. (1) No person, ves- cies or persons as that office may des- sel or watercraft shall enter or remain ignate. in the area at any time, day or night, [83 FR 16784, Apr. 17, 2018] except with express written approval of the enforcing agency or as a result of § 334.790 Sabine River at Orange, Tex.; force majeure. restricted area in vicinity of the (2) The regulations in this section Naval and Marine Corps Reserve shall be enforced by the Chief of Naval Center. Air Training, U.S. Naval Air Station, (a) The area. The berthing area of the Corpus Christi, Tex., and such agencies Naval and Marine Corps Reserve Center as he may designate. and the waters adjacent thereto from the mean high tide shoreline to a line [43 FR 30054, July 13, 1978. Redesignated at 50 drawn parallel to, and 100 feet FR 42696, Oct. 22, 1985, as amended at 62 FR channelward from lines connecting the 17556, Apr. 10, 1997] pier head of Pier 10 and from a line drawn parallel to, and 200 feet up- § 334.802 Ingleside Naval Station, stream from, Pier 10 to a line drawn Ingleside, Texas; restricted area. parallel to, and 100 feet downstream (a) The area. The waters of Corpus from Pier 10. Christi Bay beginning at a point at (b) The regulations. (1) No person, ves- latitude 27°49′15.0″ N, longitude sel or other craft, except personnel and 97°12′6.0″ W, thence southerly to lati- vessels of the U.S. Government or tude 27°49′7.3″ N, longitude 97°12′5.4″ W, those duly authorized by the Com- thence south-southwesterly to latitude manding Officer, Naval and Marine 27°49′01″ N, longitude 97°12′39.4″ W, Corps Reserve Center, Orange, Texas, thence west-northwesterly to latitude shall enter, navigate, anchor or moor ° ′ ″ ° ′ ″ in the restricted area. 27 49 02.4 N, longitude 97 12 48.3 W, (2) The regulations of this section thence north-northeasterly to latitude ° ′ ″ ° ′ ″ shall be enforced by the Commanding 27 49 16.5 N, longitude 97 12 41.5 , Officer, Naval and Marine Corps Re- thence easterly to latitude 27°49′17.0″ N, serve Center, Orange, Texas, and such longitude 97°12′27.5″ W, thence easterly agencies as he may designate. along the shoreline to the point of be- ginning. [44 FR 42968, July 23, 1979. Redesignated at 50 FR 42696, Oct. 22, 1985, as amended at 62 FR (b) The regulations. Mooring, anchor- 17556, Apr. 10, 1997] ing, fishing, recreational boating or any activity involving persons in the § 334.800 Corpus Christi Bay, Tex.; sea- water shall not be allowed within the plane restricted area, U.S. Naval Air restricted area. Commercial vessels at Station, Corpus Christi. anchor will be permitted to swing into (a) The area. The waters of Corpus the restricted area while at anchor and Christi Bay within the area described during tide changes. as follows: Beginning at a point on the (c) Enforcement. The regulations in south shore of Corpus Christi Bay at this section shall be enforced by the the ‘‘North Gate’’ of the U.S. Naval Air Commanding Officer, Naval Station, Station at longitude 97°17′15.0″ W.; thence through points at: Ingleside and such agencies as he/she shall designate. North latitude West longitude [57 FR 46303, Oct. 8, 1992; 58 FR 6718, Feb. 2, 27°42′34.9″ 97°17′09.6″ 1993, as amended at 62 FR 17556, Apr. 10, 1997] 27°41′46.8″ 97°14′23.8″ 27°41′15.1″ 97°14′35.4″ 27°41′27.0″ 97°15′16.7″

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§ 334.810 Holston River at Holston Repair, USN, Bath, ME or his/her au- Ordnance Works, Kingsport, Tenn.; thorized representative. restricted area. (c) Enforcement. The regulation in (a) The area. That portion of Holston this section shall be enforced by the River within the boundaries of the Supervisor of Shipbuilding, Conversion Government reservation. and Repair, USN, Bath, ME and/or such (b) The regulations. (1) Except in cases agencies or persons as he/she may des- of extreme emergency, all vessels other ignate. than those owned or controlled by the (d) Disestablishment of restricted area. U.S. Government and any activity in- The restricted area will be disestab- volving persons in the water, are pro- lished not later than November 17, 2025, hibited from entering the area without unless written application for its con- prior permission of the enforcing agen- tinuance is made to and approved by cy. the Secretary of the Army prior to (2) The regulations in this section that date. shall be enforced by the Commanding [82 FR 53423, Nov. 16, 2017] Officer of the Holston Ordnance Works, Kingsport, Tennessee, and such agen- § 334.820 Lake Michigan; naval re- cies as he may designate. stricted area, U.S. Naval Training Center, Great Lakes, Ill. [20 FR 7075, Sept. 30, 1955. Redesignated at 50 FR 42696, Oct. 22, 1985, as amended at 62 FR (a) The area. An area extending in a 17556, Apr. 10, 1997] north and south direction from the Great Lakes, Illinois, south breakwater § 334.815 Menominee River, at the to an east-west line projecting east- Marinette Marine Corporation ward from the shore termination of the Shipyard, Marinette, Wisconsin; north fence of the U.S. Naval Training naval restricted area. Center, Great Lakes, Illinois, and ex- (a) The area. The waters adjacent to tending into Lake Michigan for a dis- Marinette Marine Corporation’s pier tance of one mile from the shoreline. defined by a rectangular shape on the (b) The regulations. No person or ves- south side of the river beginning on sel of any kind, except those engaged shore at the eastern property line of in naval operations, shall enter, navi- Marinette Marine Corporation at lati- gate, anchor, or moor in the restricted tude 45°05′58.70″ N., longitude 87°36′55.90″ area without first obtaining permission W.; thence northerly to latitude to do so from the Commander, U.S. 45°05′59.72″ N., longitude 87°36′55.61″ W.; Naval Training Center, Great Lakes, Il- thence westerly to latitude 45°06′03.22″ linois, or his authorized representative. ° ′ ″ N., longitude 87 37 09.75 W.; thence [28 FR 319, Jan. 11, 1963. Redesignated at 50 westerly to latitude 45°06′03.78″ N., lon- FR 42696, Oct. 22, 1985, as amended at 62 FR gitude 87°37′16.40″ W.’ thence southerly 17556, Apr. 10, 1997] to latitude 45°06′2.80″ N., longitude 87°37′16.56″ W.; thence easterly along § 334.830 Lake Michigan; small-arms the Marinette Marine Corporation pier range adjacent to U.S. Naval Train- to the point of origin. The datum for ing Center, Great Lakes, Ill. these geographic coordinates is the (a) The danger zone. An area bounded World Geodetic System 1984 (WGS 84). on the north by latitude 42°20′30″; on The restricted area will be marked by a the east by longitude 87°47′30″; on the lighted and signed floating buoy line. south by latitude 42°18′45″; and on the (b) The regulation. All persons, swim- west by the shoreline. mers, vessels and other craft, except (b) The regulations. (1) When firing af- those vessels under the supervision or fecting the danger zone is in progress, contract to local military or Naval au- the enforcing agency will post guards thority, vessels of the United States at such locations that the waters in the Coast Guard, and local or state law en- danger zone may be observed and ar- forcement vessels, are prohibited from range signals whereby these guards entering the restricted area when may stop the firing should any person marked by signed floating buoy line or vessel be seen in the waters of the without permission from the Super- danger zone. When firing is in progress, visor of Shipbuilding, Conversion and the enforcing agency will cause red

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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 (6) The regulations in this section FR 4904, Aug. 9, 1949, and amended at 15 FR shall be enforced by the Commander, 5022, Aug. 4, 1950; 36 FR 5911, Mar. 31, 1971. U.S. Naval Training Center, Great Redesignated at 50 FR 42696, Oct. 22, 1985] Lakes, Illinois, and such agencies as he § 334.845 Wisconsin Air National may designate. Guard, Volk Field military exercise [13 FR 9560, Dec. 31, 1948. Redesignated at 14 area located in Lake Michigan off- FR 4904, Aug. 9, 1949, and amended at 28 FR shore from Manitowoc and She- 319, Jan. 11, 1963; 45 FR 13072, Feb. 28, 1980. boygan Counties; danger zone. 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 ° ′ ″ ° ′ ″ § 334.840 Waters of Lake Michigan 43 19 00 N., longitude 87 41 00 W.; to south of Northerly Island at en- latitude 44°05′30″ N., longitude 87°29′45″ trance to Burnham Park Yacht Har- W.; to latitude 44°02′00″ N., longitude bor, Chicago, Ill.; danger zone adja- 87°02′30″ W.; to latitude 43°15′30″ N., lon- cent to airport on Northerly Island. gitude 87°14′00″ W.; thence to the point (a) Danger zone—(1) Zone A. Begin- of beginning, as shown on NOAA Chart ning at a point 250 feet west of the cen- 14901 (1999) and existing aeronautical ter line of the runway at the south end charts. of the air strip on Northerly Island; (b) The regulation. (1) During specific, thence 183°, 500 feet; thence 90°, 600 infrequent periods when Military exer- feet; and thence northerly to a point cises will be conducted, as promulgated 250 feet east of the center line of the in the Local Notice to mariners pub- runway at the south end of said air lished by the United States Coast strip. During the navigation season, Guard (USCG), all vessels entering the the southeast and southwest corners of danger zone are advised to proceed Zone A will be marked with spar buoys across the area by the most direct colored and lettered as prescribed by route and without unnecessary delay. the U.S. Coast Guard. (2) During specific, infrequent periods (2) Zone B. Beginning at the south- when Military exercises will be con- west corner of Zone A; thence 183°, 500 ducted, as promulgated in the Local feet; thence 90°, 700 feet; thence north- Notice to mariners published by the erly to the southeast corner of Zone A; USCG, no vessel or craft of any size and thence 270° to the point of begin- shall lie-to or anchor in the danger ning. During the navigation season, the zone, other than a vessel operated by

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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 thence to latitude 41°35′40″ N., lon- communication with the shore station gitude 82°54′50″ W.; and thence to the controlling the firing. point of beginning. (3) [Reserved] (b) Types of firing—(1) Danger Area I. (4) The appropriate enforcing officer Small arms impact area. has authority to suspend any scheduled (2) Danger Area II. Ground-based ar- firing for reasonable periods during re- tillery, antiaircraft artillery and auto- gattas and immediately after fishing matic weapons impact area. nets are destroyed or dislocated by se- (c) Authorized dates and hours of fir- vere storms. ing: (5) The special firing notices which (1) Danger Area I. 6 a.m. to 6 p.m., will include schedules of use will be e.s.t./e.d.t., daily; actual firing dates published by the enforcing officer indi- and hours within the authorized period cated in paragraph (e) of this section, to be announced in advance in special in sufficient time to permit cir- firing notices. cularization to interested parties and (2) Danger Area II. 8 a.m. to 5 p.m., posting on the bulletin boards of post e.s.t./e.d.t., daily except on Saturdays, offices in surrounding localities. Spe- Sundays, and holidays; actual firing cial notices will also be furnished the dates and hours scheduled within au- District Engineer, Corps of Engineers, thorized period to be announced in ad- Detroit, Mich.; the Commander, Ninth vance in special firing notices. Coast Guard District, Cleveland, Ohio; (d) Restrictions. (1) No person or vessel the Regional Manager, Federal Avia- shall enter or remain in a danger zone tion Administration, Chicago, Ill.; and during a scheduled firing period an- each of the enforcing agencies listed in

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paragraph (e) of this section. Users of Creek from Point D (latitude the waterway shall familiarize them- 37°51′31.77″ N; longitude 86°00′03.79″ W) selves with the current special firing located approximately 3.4 miles north notices. If in doubt, inquiry should be of Vine Grove, Kentucky to Point E made to the enforcing officer indicated (latitude 37°55′21.95″ N; longitude in paragraph (e) of this section. 86°01′47.38″ W) located approximately (6) Agencies desiring to use the areas 2.3 miles southwest of Muldraugh. shall present their requirements to the (b) The regulation. All persons, swim- respective enforcing officer who is re- mers, vessels and other craft, except sponsible for, and is granted authority those vessels under the supervision or to, coordinate the firing and estab- contract to local military or Army au- lished priorities, for the using agencies. thority, vessels of the United States (g) Fishing permits. Fishermen desir- Coast Guard, and federal, local or state ing to set fixed nets within the danger law enforcement vessels, are prohibited zone are required in every instance to from entering the danger zones without have written permits. Permits for plac- permission from the Commanding Gen- ing nets within Areas I and II may be eral, U.S. Army Garrison, Fort Knox obtained by written application to the Military Reservation, Fort Knox, Ken- Adjutant General, State of Ohio. Appli- tucky or his/her authorized representa- cants for permits must state the loca- tive. tion at which they desire to set fixed (c) Enforcement. The regulation in nets and the period of time which they this section, promulgated by the desire the permit to cover. United States Army Corps of Engi- (h) Injurious chemicals. No phosphorus neers, shall be enforced by the Com- or other poisonous chemicals injurious manding General, U.S. Army Garrison, to wild fowl or fish will be discharged Fort Knox Military Reservation, Fort into the waters of the areas. Knox, Kentucky and/or other persons (i) The regulations in this section or agencies as he/she may designate. shall be reviewed annually by the De- [70 FR 15228, Mar. 25, 2005] partment of the Army to determine whether further limitations of the dan- § 334.860 , Calif., Naval ger zone shall be considered. Amphibious Base; restricted area. [35 FR 17178, Nov. 7, 1970, as amended at 37 (a) The Area. The water of the Pacific FR 20026, Sept. 23, 1972. Redesignated at 50 Ocean in Middle San Diego Bay in an FR 42696, Oct. 22, 1985, as amended at 62 FR area extending from the northern and 17556, Apr. 10, 1997] eastern boundary of the Naval Amphib- ious Base about 0.1 nautical miles and § 334.855 Salt River, Rolling Fork 0.6 nautical miles from the southern River, Otter Creek; U.S. Army Gar- rison, Fort Knox Military Reserva- shoreline and basically outlined as fol- tion; Fort Knox, Kentucky; danger lows: zone. Station Latitude Longitude (a) The area. Salt River from Point A ° ′ ″ ° ′ ″ (latitude 37°59′31.72″ N; longitude 1 32 40 33.0 N 117 10 02.4 W 2 32°40′34.7″ N 117°09′54.0″ W 85°55′32.98″ W) located approximately 3 32°40′46.0″ N 117°09′44.2″ W 1.2 miles southeast of West Point, Ken- 4 32°41′00.0″ N 117°09′24.6″ W tucky; southward to its confluence 5 32°40′20.0″ N 117°08′36.7″ W 6 32°40′00.0″ N 117°09′00.0″ W with the Rolling Fork River. Salt 7 32°39′18.0″ N 117°08′45.0″ W River from Point B (latitude 37°57′51.32″ 8 32°39′16.0″ N 117°08′48.5″ W N; longitude 85°45′37.14″ W) located ap- proximately 2.8 miles southwest of (b) The regulations. (1) Swimming, Shepherdsville, Kentucky; southward fishing, waterskiing, mooring or an- to its confluence with the Rolling Fork choring shall not be allowed within the River. Rolling Fork River from Point C restricted area. (latitude 37°49′59.27″ N; longitude (2) A portion of the restricted area 85°45′37.74″ W) located approximately extending 120 feet from pierheads and 1.6 miles southwest of Lebanon Junc- from the low water mark on shore tion, Kentucky northward to its con- where piers do not exist is closed to all fluence with the Salt River. Otter persons and vessels except those owned

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by, under hire to, or performing work (5) No vessel or craft of any size shall for, the Naval Amphibious Base. lie-to or anchor in the restricted area (3) All vessels entering the restricted at any time other than a vessel oper- area shall proceed across the area by ated by or for components, or other the most direct route and without un- vessels authorized by Commander, necessary delay. For vessels under sail, , or his/her des- necessary tacking shall constitute a di- ignee. rect route. (6) When security conditions dictate, (4) The regulations in this section Naval security forces may impose shall be enforced by the Commanding strict enforcement of stand-off dis- Officer, Naval Amphibious Base, Coro- tances within the restricted area. This nado, California, and such agencies as enforcement will not prevent utiliza- he/she shall designate. Organized ac- tion of navigable channels, but will tivities (such as sail races and regat- serve to control its use in order to pro- tas) within the restricted area may be tect vital National interests. allowed providing that a request has (c) Enforcement. The regulation in been made to the Commanding Officer, this section, promulgated by the Naval Amphibious Base, Coronado, San United States Army Corps of Engi- Diego, California 92155 or by calling, neers, shall be enforced by the Com- telephone number (619) 522–4833 at least mander, Navy Region Southwest, and 10 days prior to the event. such agencies or persons as he/she may designate. [49 FR 49453, Dec. 20, 1984. Redesignated at 50 FR 42696, Oct. 22, 1985] [68 FR 37972, June 26, 2003]

§ 334.865 Naval Air Station North Is- § 334.866 Pacific Ocean at Naval Base land, San Diego, California, re- Coronado, in the City of Coronado, stricted area. San Diego County, California; naval 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 ° ′ ″ ° ′ ″ to 32 42 57.0 N, 117 11 22.5 W; thence beach of Naval Base Coronado, Coro- ° ′ ″ running easterly to 32 42 56.0 N, nado, California beginning at latitude ° ′ ″ 117 11 19.0 W; thence running south- 32°41′13″ N, longitude 117°12′45″ W; ° ′ ″ ° ′ ″ easterly to 32 42 49.0 N, 117 11 08.5 W; thence easterly, along the mean high thence running southeasterly to water mark, to latitude 32°41′14″ N, lon- ° ′ ″ ° ′ ″ 32 42 44.5 N, 117 11 06.5 W; thence run- gitude 117°12′32″ W; thence southerly to ° ′ ″ ning southerly to 32 42 40.0 N, latitude 32°40′31″ N, longitude 117°12′12″ ° ′ ″ 117 11 06.5 W. W; thence westerly to latitude 32°40′25″ (b) The regulation. (1) The restricted N, longitude 117°12′43″ W; thence north- area shall not be open to swimming, erly, landward, to the point of origin. fishing, water-skiing, mooring or an- (b) The regulations. (1) Range live fir- chorage. ing on the Naval Base Coronado, Coro- (2) Dragging, seining, other fishing nado, California small arms range may operations, and other activities not occur at any time. Information on live under the direction of the United firing schedules and coordination for States, which might foul underwater community concerns can be obtained installations within the restricted by calling the Naval Base Coronado area, are prohibited. Small Arms Range Safety Officer at (3) All tows entering the restricted 619–545–8413 during normal working area shall be streamed and shortened hours. Assistance is also available via to the seaward of the area and towing the Naval Base Coronado Hotline at appendages and catenaries shall not be 619–545–7190 or the Naval Base Coronado dragged along the bottom while pro- operator at 619–545–1011. If the phone ceeding through the area. numbers are changed, they will be up- (4) All vessels entering the restricted dated on the Naval Base Coronado Web area shall proceed across the area by site http://www.cnic.navy.mil/Coronado. the most direct route and without un- (2) The danger zone will be open to necessary delay. fishing and general navigation when no

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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 lo- cations 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 (5) The danger zone is not considered the Pacific Ocean in North San Diego safe for vessels or individuals when live Bay in an area extending from the firing is in progress. When live firing is western boundary of North Island about to begin or is scheduled as indi- about 0.2 nautical miles bayward and cated by the warning flags or flashing basically outlined as follows: warning lights described in paragraphs (b)(3) and (b)(4) of this section, all ves- Station Latitude Longitude sels will be required to expeditiously 1 32°41′51.3″ N 117°13′34.0″ W vacate the danger zone. 2 32°41′51.3″ N 117°13′46.6″ W (6) Anchoring by any vessel within 3 32°41′43.3″ N 117°13′50.0″ W 4 32°41′35.8″ N 117°13′48.0″ W the danger zone is prohibited. 5 32°41′35.8″ N 117°13′35.0″ W (7) Prior to conducting live firing, Navy personnel will visually scan the (2) The regulations. (i) The restricted danger zone to ensure that no vessels area shall not be open to swimming, or individuals are located within it. fishing, mooring or anchorage. Any vessels or individuals in the dan- (ii) Transit will be allowed through ger zone will be notified by the Navy the restricted area except that no tran- Range Safety Officer using a marine sit will be allowed within 100 feet of the VHF–FM marine radio and by other ammunition pier (Bravo Pier). All un- means as necessary, to exit the danger authorized vessels entering the re- zone and remain outside the area until stricted area shall proceed across the conclusion of live firing. As new tech- area by the most direct route and with- nology becomes available, the VHF–FM out unnecessary delay. Only vessels marine radio communications system owned by, under hire to, or performing may be updated. work for the Naval Air Station or the (8) Safety observers will be posted in Naval Weapons Station may operate accordance with range standard oper- within 100 feet of the ammunition pier. ating procedures at all times when the (b) Restricted area at U.S. Naval warning flags or flashing lights de- Degaussing Station—(1) The area. That

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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. ‘‘b’’ S. 18,817.60, W. 15,791.30. ply Center Pier enclosed by lines con- ‘‘c’’ S. 19,376.09, W. 14,270.73. necting the following stations: ‘‘d’’ S. 20,023.15, W. 14,462.94. ‘‘e’’ S. 21,080.24, W. 14,333.14. Station Latitude Longitude ‘‘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, An area in San Diego Bay between Bal- California, and such agencies as he/she last Point and Zuniga Point inclosed may designate. by lines connecting the following sta- [17 FR 5951, July 2, 1952, as amended at 29 FR tions: 9710, July 18, 1964; 35 FR 16370, Oct. 20, 1970; 49 FR 33646, Aug. 24, 1984. Redesignated at 50 Station Latitude Longitude FR 42696, Oct. 22, 1985, as amended at 55 FR A 32°41′17″ 117°13′58″ 27102, June 29, 1990; 55 FR 31689, Aug. 3, 1990] B 32°41′19″ 117°13′36.5″ C 32°41′01″ 117°13′34″ § 334.880 San Diego Harbor, Calif.; D 32°40′59″ 117°13′55″ naval restricted area adjacent to E 32°41′03″ 117°13′56″ Point Loma. A 32°41′17″ 117°13′58″ (a) The area. That portion of San (2) The regulations. (i) No vessel shall Diego Bay southerly of Ballast Point, anchor within the restricted area at exclusive of the southwesterly portion any time. of the restricted area described in (ii) Dredging, dragging, seining, other § 334.612(b) located westerly of the en- fishing operations, and other activities trance channel, bounded on the west by not under the direction of the United the shoreline at Point Loma, on the States, which might foul underwater east by the entrance channel west installations within the restricted project line, and on the south by lati- area, are prohibited. tude 32°40′. (iii) All tows entering the restricted (b) The regulations. (1) The area is re- area shall be streamed and shortened served for anchorage of vessels of the to the seaward of the area and towing U.S. Government and authorized har- appendages and catenaries shall not be bor pilot and patrol boats. All other dragged along the bottom while pro- craft may navigate and operate ceeding through the area. through the area, and temporary moor- (iv) All vessels entering the re- ing of vessels (not to exceed 24 hours) is stricted area shall proceed across the permissible.

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(2) No other vessels shall anchor or (2) Dredging, dragging, seining, fish- moor permanently in the area except ing operations, and other activities, by special permission obtained in ad- which might foul underwater installa- vance from the Commander, Naval tions within the restricted area, are Base, San Diego, Calif. prohibited. (3) The regulations in this section (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) (1) No vessel shall The regulations. 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 (2) Dredging, dragging, seining, and in the restricted area at any time other other similar operations within the re- than a vessel operated by or for the stricted area are prohibited. U.S. Coast Guard, local, State or Fed- (3) The regulations in this section eral law enforcement agencies. shall be enforced by the Commandant, Eleventh Naval District, San Diego, (2) Loitering, dredging, dragging, an- California, and such agencies as he choring, seining, fishing, and similar may designate. activities within the restricted area during vertical replenishment oper- [17 FR 4346, May 13, 1952. Redesignated at 30 ations use is prohibited. FR 4756, Apr. 14, 1965. Redesignated at 50 FR (c) Enforcement. The regulations in 42696, Oct. 22, 1985] this section shall be enforced by the § 334.900 Pacific Ocean, U.S. Marine U.S. Coast Guard, local, State, or Fed- Corps Base, Camp Pendleton, Calif.; eral law enforcement agencies. restricted area. [58 FR 53427, Oct. 15, 1993] (a) The area. Beginning at the shore- line north of the boat basin, latitude § 334.910 Pacific Ocean, Camp Pen- 33°13′10″, longitude 117°24′19″; thence dleton Boat Basin, U.S. Marine westward to latitude 33°12′48″, lon- Corps Base, Camp Pendleton, Calif.; gitude 117°24′56″; thence southward to restricted area. latitude 33°12′32″, longitude 117°24′44″; (a) The area. All of the waters of thence eastward to latitude 33°12′47″, Camp Pendleton Boat Basin entrance longitude 117°24′17″ (a point on the channel lying northerly of a line be- breakwater); thence northeastward tween a light on the north Camp Pen- along breakwater to latitude 33°12′58″, dleton jetty at latitude 33°12′22″, lon- longitude 117°24′09″; thence northward gitude 117°24′07″, and a light on the along shoreline to point of beginning. north Oceanside Harbor groin at lati- (b) The regulations. (1) No vessels tude 33°12′29″, longitude 117°23′55″. shall anchor within the restricted area (b) The regulations. (1) The area is re- at any time. served exclusively for use by vessels

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owned or operated by the Federal Gov- § 334.921 Pacific Ocean at San ernment. Permission to enter the area Clemente Island, Calif.; naval re- must be obtained from the enforcing stricted area. agency. (a) The area. All waters between the (2) The regulations in this section northern and southern boundaries of shall be enforced by the Commanding the area known as West Cove seaward General, U.S. Marine Corps Base, Camp approximately four miles. The north- Pendleton, California, or such agencies ern boundary is defined by the coordi- as he may designate. nates: [28 FR 13784, Dec. 19, 1963. Redesignated at 50 33°00′52″ N. 118°36′18″ W. FR 42696, Oct. 22, 1985] 32°59′30″ N. 118°37′30″ W. 32°59′20″ N. 118°38′38″ W. § 334.920 Pacific Ocean off the east coast of San Clemente Island, Calif.; The southern boundary is defined by naval restricted area. the coordinates: (a) The area. The waters of the Pa- 33°00′40″ N. 118°35′27″ W. cific Ocean within an area extending 32°58′30″ N. 118°36′40″ W. ° ′ ″ ° ′ ″ easterly from the east coast of San 32 57 45 N. 118 38 38 W. Clemente Island, California, described (b) The regulation. (1) The use of this as follows: The northerly boundary to area for anchorage is prohibited to all be a continuation, to seaward of the ex- craft at all times. isting southerly boundary of the re- (2) The regulations in this section stricted anchorage area, as described in shall be enforced by the Commander, 110.218 of this chapter, to latitude Naval Base, San Diego, and such agen- 33°00.3′ N., longitude 118°31.1′ W.; thence cies as he/she shall designate. to latitude 32°58.6′ N., longitude [50 FR 50297, Dec. 10, 1985] 118°30.0′ W.; thence to latitude 32°57.9′ N., longitude 118°31.3′ W on the shore- § 334.930 Anaheim Bay Harbor, Calif.; line; thence northerly along the shore- Naval Weapons Station, Seal Beach. line to the point of beginning. (a) The restricted area. The water of (b) The regulations. (1) No person or Anaheim Bay Harbor between the east vessels, other than Naval Ordnance and west jetties at the United States Test Station craft, and those cleared Naval Weapons Station, Seal Beach, for entry by the Naval Ordnance Test California, and the contiguous tidal Station, shall enter the area at any channel and basin as far east as the time except in an emergency, pro- Anaheim Bay bridge. ceeding with extreme caution. (b) The regulation. (1) The authority (2) Dredging, dragging, seining or of the Naval Weapons Station Com- other fishing operations within these manding Officer in this area extends to boundaries are prohibited. restricting and disallowing the navi- (3) No seaplanes, other than those ap- gating or anchorage of craft during proved for entry by Naval Ordnance such times as the Commanding Officer determines that considerations of na- Test Station, may enter the area. tional security or safety warrant such (4) The regulations in this section action(s). shall be enforced by security personnel (2) All craft authorized transit of this attached to the U.S. Naval Ordnance area shall stay within the limits of the Test Station, China Lake, California, entrance channel in the Outer Harbor, and by such agencies as may be des- and confine their movement to within ignated by the Commandant, Eleventh the limits of the marked small craft Naval District, San Diego, California. channel at the southern portion of the [23 FR 2098, Mar. 29, 1958, as amended at 48 Inner Harbor. FR 6708, Feb. 15, 1983; 48 FR 8273, Feb. 28, (3) Recreational craft, such as water 1983. Redesignated at 50 FR 42696, Oct. 22, skis, jet skis (personal water craft), 1985, as amended at 62 FR 17556, Apr. 10, 1997] row boats, canoes, kayaks, wind surf- ers, sail boards, surf boards, etc., and any activity involving persons in the

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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 range for U.S. Army Reserve, Na- (6) Nothing in the regulations in this tional Guard, and Coast Guard section shall be construed as relieving units. the owner or persons in command of (a) The danger zone. (1) [Reserved] any vessels or plant from the penalties (2) Zone B. An area extending south- of the law for obstructing navigation west and northwest from Point or for not complying with the naviga- Vicente, described as follows: Begin- tion laws in regard to lights or signals ning at Point Vicente Light, latitude or for otherwise violating law. 33°44′30″, longitude 118°24′36″; thence (7) All vessel operators shall heed and southwesterly to latitude 33°43′42″, lon- obey all posted signs and/or instruc- gitude 118°25′24″; thence northwesterly tions issued by security personnel of to latitude 33°46′30″, longitude 118°27′06″; the U.S. Naval Weapons Station. thence southeasterly to the shore, lati- (8) The regulations in this section tude 33°44′54″, longitude 118°24′42″; and shall be enforced by the Commanding thence southerly along the shore to the Officer, U.S. Naval Weapons Station, point of beginning. Seal Beach, California, and such agen- (b) The regulations. (1) Intermittent cies as he/she may designate. For clari- firing may take place in the danger fication or other information, the U.S. zone on any day from sunrise to sunset. Naval Weapons Station Command Duty (2) Except as otherwise provided in Officer should be contacted at (213) 594– this paragraph, the danger zone will be 7101. open to fishing and general navigation. When firing is not scheduled the danger [53 FR 6942, Mar. 3, 1988, as amended at 62 FR 17556, Apr. 10, 1997] zone may be occupied without restric- tion. When firing is in progress safety § 334.938 Federal Correctional Institu- observers will be maintained to warn tion, Terminal Island, San Pedro all vessels. Notice to vacate the area, Bay, California; restricted area. or to stop at the boundaries, will be given by siren, patrol vessel, or other (a) The area. The waters of San Pedro effective means, and such notice shall Bay on the east side of Reservation be promptly obeyed. All vessels per- Point extending 150 feet (50 yards), mitted to enter the danger zone during from the Federal Correctional Institu- a firing period, other than those owned tion fence along the shore to the fol- by and operated by or under the direc- lowing stations: tion of the U.S. Government, shall pro- Station Latitude Longitude ceed across the area by the most direct route and clear the area with the 1 33°43′45.5″ N 118°16′2.0″ W greatest possible dispatch. No person 2 33°43′37.0″ N 118°15′58.0″ W shall enter the water and no vessel, ° ′ ″ ° ′ ″ 3 33 43 27.5 N 118 15 54.5 W fishing boat, or recreational craft shall

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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 wa- person in charge of a vessel from any ters 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 ob- tained by calling the shore bombard- [19 FR 3795, June 22, 1954, as amended at 27 ment area scheduler at (619) 437–2231. FR 2465, Mar. 15, 1962. Redesignated at 50 FR 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. miles; thence 040.4 degrees true to the (4) Except in an emergency, no vessel beach. shall anchor in these areas without (3) The waters of the Pacific Ocean first obtaining permission from the within an area beginning at Pyramid Commander, Naval Base, San Diego or Head Light; extending in a direction of from the senior officer present in the 133 degrees true, 2.0 nautical miles; area who may grant permission to an- thence 024 degrees true, 2.14 nautical chor not exceeding the period of time miles, thence 313 degrees true, 7.6 nau- that he, himself, is authorized to re- tical miles; thence 220 degrees true to main there. The senior officer present the beach. shall advise the Commander, Naval (b) The regulations. (1) All persons and Base, San Diego when and to whom a all vessels shall promptly vacate the berth is assigned. areas when ordered to do so by the (5) The regulations in this section Navy or the Coast Guard. Persons and shall be enforced by the Commander, vessels shall not enter the areas during Naval Base, San Diego, and such agen- periods scheduled for firing. These cies as he/she shall designate. areas are used for various surface and [55 FR 30907, July 30, 1990, as amended at 62 air gunnery and aerial bombing exer- FR 17556, Apr. 10, 1997] cises by the United States Navy, Coast Guard and Marine Corps. Hazardous § 334.960 Pacific Ocean, San Clemente conditions exist during shore bombard- Island, Calif.; naval danger zone off ment by naval ships in the area sea- West Cove. ward of that described in paragraphs (a) The danger zone. The waters of the (a)(1) and (a)(2) of this section between Pacific Ocean in an area about one-half

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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 Latitude Longitude Point B—33°01′11″ N 118°37′25″ W 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 ° ′ ″ ° ′ ″ 32°57′10″ 118°35′40″ Point E—33 02 55 N 118 39 05 W 33°00′10″ 118°37′00″ Point F—33°04′25″ N 118°37′41″ W 33°00′40″ 118°35′45″ Point G—33°02′02.5″ N 118°35′53″ W (b) The regulations. (1) Intermittent (b) The regulations: (1) No person shall firing may take place in the danger enter this area during closure periods zone on any day from 8:00 a.m. until unless authorized to do so by the en- 1:00 p.m. forcing agency. No vessel or other (2) Except as otherwise provided in craft, except vessels of the U.S. Gov- this section, the danger zone will be ernment or vessels duly authorized by open to fishing and general navigation. the enforcing agency shall enter this (3) The operations officer, Naval Ord- area during closure periods. nance Test Station, Pasadena Annex, (2) The regulations in this section Pasadena, California, will announce shall be enforced by the commander, firing schedules. Each week, public no- Naval Base, San Diego, California, and tices will be issued giving advance fir- such agencies as he/she shall designate. ing schedules. Such notices will appear [55 FR 41522, Oct. 12, 1990, as amended at 62 in the local newspapers and in local FR 17557, Apr. 10, 1997] ‘‘Notice to Mariners’’ and ‘‘Notice to Airmen.’’ For the benefit of the fisher- § 334.980 Pacific Ocean, around San men and small-craft operators, an- Nicholas Island, Calif., naval re- nouncements will be made on the ma- stricted area. rine radio. (a) The area. (1) Perimeter (restricted). (4) When a scheduled firing is about The waters of the Pacific Ocean around to be undertaken, fishing boats and San Nicholas Island, Calif., extending other small craft will be contacted by about 3 miles seaward from the shore- surface patrol boats or aircraft line, described as follows: equipped with a loudspeaker system. When so notified, all persons and ves- Latitude Longitude sels shall leave the area immediately Point A ...... 33°10′10″ 119°24′20″ by the shortest route. Upon completion Point C ...... 33°10′10″ 119°31′10″ of firing or if the scheduled firing is Point D ...... 33°12′00″ 119°35′30″ cancelled for any reason, fishermen and Point E ...... 33°14′20″ 119°37′40″ small-boat operators will be notified as Point F ...... 33°16′40″ 119°38′10″ ° ′ ″ ° ′ ″ far in advance as possible by Marine Point G ...... 33 19 10 119 37 10 Point I ...... 33°20′10″ 119°31′10″ Radio Broadcast. Point K ...... 33°17′40″ 119°24′50″ (5) The regulations in this section Point L ...... 33°13′50″ 119°21′50″ shall be enforced by security personnel attached to the Naval Ordnance Test (2) Sections of area. Station, Pasadena Annex, and by such (i) ALPHA section is the northerly agencies as may be designated by the section of the area, and is described as Commandant, Eleventh Naval District, follows: San Diego. Latitude Longitude [27 FR 6829, July 19, 1962. Redesignated at 50 FR 42696, Oct. 22, 1985, as amended at 62 FR Point H ...... 33°20′01″ 119°32′02″ 17557, Apr. 10, 1997; 62 FR 24034, May 2, 1997] Point I ...... 33°20′10″ 119°31′10″ Point K ...... 33°17′40″ 119°24′50″ § 334.961 Pacific Ocean, San Clemente Point L ...... 33°13′50″ 119°21′50″ Island, California, naval danger Point O ...... 33°13′50″ 119°26′02″ zone off the northwest shore. Thence northwesterly along shoreline to Point N (a) The danger zone: The waters of the Point N ...... 33°17′04″ 119°32′02″ Pacific Ocean adjacent to San ° ′ ″ ° ′ ″ Clemente Island, California, bounded Point H ...... 33 20 01 119 32 02

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(ii) BRAVO section is the westerly entry shall be given by radio broadcast section of the area, and is described as Monday through Friday at 0900 and 1200 follows: on 2638 kHz and 2738 kHz or by con- tacting ‘‘PLEAD CONTROL’’ on VHF– Latitude Longitude FM radio channel 11 or 16. Closure in- Point N ...... 33°17′04″ 119°32′02″ formation may also be requested by telephone between 0600 and 1800 Mon- Thence westerly, southerly and easterly along the shoreline to Point M day through Friday at (805) 989–8841 or via recorded message at (805) 989–1470. Point M ...... 33°13′10″ 119°29′40″ (6) The regulations in this section Point B ...... 33°10′10″ 119°29′40″ Point C ...... 33°10′10″ 119°31′10″ shall be enforced by personnel attached Point D ...... 33°12′00″ 119°35′30″ to Naval Base Ventura County, Point Point E ...... 33°14′20″ 119°37′40″ Mugu, Calif., and by such agencies as Point F ...... 33°16′40″ 119°38′10″ Point G ...... 33°19′10″ 119°37′10″ may be designated by the Com- Point H ...... 33°20′01″ 119°32′02″ mandant, 11th Naval District, San Point N ...... 33°17′04″ 119°32′02″ Diego, Calif. (iii) CHARLIE section is the south- [79 FR 18451, Apr. 2, 2014] erly section of the area, and is de- scribed as follows: § 334.990 Long Beach Harbor, Calif.; naval restricted area. Latitude Longitude (a) The area. All the waters between Point L ...... 33°13′50″ 119°21′50″ the Navy mole and Terminal Island to Point O ...... 33°13′50″ 119°26′02″ the westward of longitude 118°13′10″. Thence southerly and westerly along the shoreline to Point (b) The regulations. (1) The area is re- M served exclusively for use by naval ves-

Point M ...... 33°13′10″ 119°29′40″ sels. Permission for any person or ves- Point B ...... 33°10′10″ 119°29′40″ sel to enter the area must be obtained Point A ...... 33°10′10″ 119°24′20″ from the enforcing agency. ° ′ ″ ° ′ ″ Point L ...... 33 13 50 119 21 50 (2) The regulations in this section (b) The regulations. (1) Except during shall be enforced by the Commander, closure periods or as otherwise pro- U.S. Naval Base Los Angeles, Long vided in this section, the restricted Beach, California, and such agencies as area will be open to all vessels. he may designate. (2) Boats must remain at least 300 [19 FR 891, Feb. 17, 1954, as amended at 27 FR yards from the shoreline of San Nicolas 12368, Dec. 13, 1962. Redesignated at 50 FR Island at all times. Nothing in this pro- 42696, Oct. 22, 1985, as amended at 62 FR 17557, vision shall be construed as authoriza- Apr. 10, 1997] tion to anchor within 300 yards or to land on San Nicolas Island, except in § 334.1010 San Francisco Bay in vicin- an emergency. ity of Hunters Point; naval re- (3) No person, vessel or other craft stricted area. shall enter the restricted area or des- (a) The area. Bounded by the shore of ignated section(s) during closure peri- the San Francisco Naval Shipyard and ods unless authorized to do so by the the following lines: Beginning at a Commanding Officer, Naval Base Ven- point on the northerly shore of the tura County or the Officer in Charge, Shipyard bearing 292°40′, 950 yards, San Nicolas Island. from Hunters Point Light; thence (4) Submarine cables within the re- 35°27′, 730 yards to the U.S. Pierhead stricted area post a risk to the equip- Line; thence 142°55′, 1,300 yards, along ment of vessels engaged in dredging, the Pierhead Line; thence 180°, 2,450 dragging, seining, anchoring and other yards, to the San Francisco-San Mateo bottom contact operations. Appro- County Line; thence 270°, 430 yards, priate care must be taken to avoid along the County Line; thence 305°27′, damage. 1,313 yards, to and along the southwest- (5) Closure periods. Notice that the re- erly side of South Basin; and thence stricted area or section(s) ALPHA, due north, 413 yards, to the southwest- BRAVO, or CHARLIE are closed to erly shore of the Shipyard.

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NOTE: All bearings in this section are re- tion or may moor alongside wharves on ferred to true meridian. the Oakland side of the channel. (b) The regulations. No person may [26 FR 11201, Nov. 28, 1961, as amended at 27 enter the area and no vessel or other FR 10484, Oct. 27, 1962. Redesignated at 50 FR craft, except vessels of the U.S. Gov- 42696, Oct. 22, 1985, and amended at 51 FR ernment or vessels duly authorized by 25198, July 11, 1986; 55 FR 3056, Jan. 30, 1990; the Commander, San Francisco Naval 62 FR 17557, Apr. 10, 1997] Shipyard, shall navigate, anchor or moor in this area. § 334.1030 Oakland Inner Harbor adja- cent to Alameda Facility, Naval [26 FR 11201, Nov. 28, 1961. Redesignated at 50 Supply Center, Oakland; restricted FR 42696, Oct. 22, 1985; 51 FR 25198, July 11, area. 1986, as amended at 62 FR 17557, Apr. 10, 1997] (a) The area. Within 100 feet of the Al- ameda Facility wharf. § 334.1020 San Francisco Bay and Oak- land Inner Harbor; restricted areas (b) The regulations. No persons and no in vicinity of Naval Air Station, Ala- vessels or other craft, except vessels of meda. the United States Government or ves- sels duly authorized by the Com- (a) The areas. (1) The waters of San manding Officer, Naval Supply Center, Francisco Bay bounded by the shore of Oakland, shall enter this area. Naval Air Station, Alameda, and a line beginning at a point on the north side [26 FR 11201, Nov. 28, 1961, as amended at 31 of Oakland Inner Harbor Entrance FR 6590, May 3, 1966. Redesignated at 50 FR Channel at approximately: 37°47′57″ N, 42696, Oct. 22, 1985; 51 FR 25198, July 11, 1986, 122°19′43″ W; WSW to 37°47′53″ N, as amended at 62 FR 17557, Apr. 10, 1997] ° ′ ″ ° ′ ″ ° ′ ″ 122 19 57 W; SE to 37 47 46 N, 122 20 00 § 334.1040 Oakland Harbor in vicinity W; SE to 37°47′41″ N, 122°19′52″ W; S to of Naval Supply Center, Oakland; 37°46′49″ N, 122°19′52″ W; E to 37°46′49″ N, restricted area and navigation. ° ′ ″ ° ′ ″ ° ′ ″ 122 19 28 W; SE to 37 46 46 N, 122 19 21 (a) The area. Bounded by the shore of ° ′ ″ ° ′ ″ W; E to 37 46 45 N, 122 19 05 W; SE to the Naval Supply Center and the fol- ° ′ ″ ° ′ ″ ° ′ ″ 37 46 38 N, 122 18 59 W; SSW to 37 46 18 lowing lines: Beginning at a point on ° ′ ″ ° ′ ″ N, 122 19 05 W; SE to 37 46 00 N, the north shore located at about lati- 122°18′28″ W; E to 37°46′00″ N, 122°18′22″ tude 37°48′26″, longitude 122°19′34″; W; N to 37°46′03″ N, 122°18′22″ W; E to thence 225°12′, 290 yards; and thence 37°46′00″ N, 122°17′28″ W; NE to 37°46′03″ 173°10′, 620 yards to a point on the south N, 122°17′26″ W; where it joins the Naval shore at about latitude 37°48′02″, lon- Air Station, Alameda, Breakwater. gitude 122°19′39″. (2) The waters of the entrance chan- (b) The regulations. (1) No persons and nel to Oakland Inner Harbor (San An- no vessels or other craft, except vessels tonio Estuary) between the westerly of the U.S. Government or vessels duly end of the rock wall on the south side authorized by the Commanding Officer, of the channel and the easterly bound- Naval Supply Center, Oakland, shall ary of the Naval Air Station. enter this area. (b) The regulations. (1) No person shall (2) All vessels over 1,000 tons dis- enter this area and no vessel or other placement, bound for the Naval Supply craft, except vessels of the U.S. Gov- Center, Oakland, shall use a qualified ernment or vessels duly authorized by pilot regularly licensed for the waters the Commanding Officer, U.S. Naval of Oakland Harbor. Air Station, Alameda, California, shall navigate, anchor or moor in the area [26 FR 11201, Nov. 28, 1961, as amended at 31 described in paragraph (a)(1) of this FR 6590, May 3, 1966. Redesignated at 50 FR 42696, Oct. 22, 1985; 51 FR 25198, July 11, 1986, section. as amended at 62 FR 17557, Apr. 10, 1997] (2) No person shall enter this area and no vessel without special author- § 334.1050 Oakland Outer Harbor adja- ization of the Commander, Twelfth cent to the Military Ocean Ter- Coast Guard District, shall lie, anchor minal, Bay Area, Pier No. 8 (Port of or moor in the area described in para- Oakland Berth No. 10); restricted graph (a)(2) of this section. Vessels area. may proceed through the entrance (a) The area. Within 100 feet of the channel in process of ordinary naviga- pier.

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(b) The regulations. No persons and no Buena Island, and such agencies and vessels or other craft, except vessels of persons as he/she shall designate. the U.S. Government or vessels duly [69 FR 20547, Apr. 16, 2004] authorized by the Commander, Oak- land Army Base, shall enter this area. § 334.1070 San Francisco Bay between Treasure Island and Yerba Buena [26 FR 11201, Nov. 28, 1961, as amended at 31 Island; naval restricted area. FR 6590, May 3, 1966. Redesignated at 50 FR 42696, Oct. 22, 1985; 51 FR 25198, July 11, 1986, (a) The area. All the water of the cove as amended at 62 FR 17557, Apr. 10, 1997] bounded by the south shore of Treasure Island, the north shore of Yerba Buena § 334.1060 Oakland Outer Harbor adja- Island, and the connecting causeway, cent to the Oakland Army Base; re- west of a line extending from the stricted area. southeast corner of the most southerly (a) The area. Within 100 feet of the of the four finger piers along the east wharves, piers or shore. side of Treasure Island, at about lati- (b) The regulations. No persons and no tude 37°49′11″, longitude 122°21′40″, ap- vessels or other craft, except vessels of proximately 153°20′ to the northeast- the U.S. Government or vessels duly erly point of Yerba Buena Island, at ° ′ ″ authorized by the Commander, Oak- about latitude 37 48 55 , longitude ° ′ ″ land Army Base, shall enter this area. 122 21 30 . (b) The regulations. No person and no [26 FR 11201, Nov. 28, 1961, as amended at 31 vessel or other craft, except vessels FR 6590, May 3, 1966. Redesignated at 50 FR owned and operated by the U.S. Gov- 42696, Oct. 22, 1985; 51 FR 25198, July 11, 1986, ernment or vessels duly authorized by as amended at 62 FR 17557, Apr. 10, 1997] the Commanding Officer, Naval Sta- tion, Treasure Island, shall enter the § 334.1065 U.S. Coast Guard Station, restricted area. San Francisco Bay, Yerba Buena Is- land, San Francisco Bay, California; [26 FR 11201, Nov. 28, 1961. Redesignated at 50 restricted area. FR 42696, Oct. 22, 1985; 51 FR 25198, July 11, (a) The area. San Francisco Bay on 1986, as amended at 62 FR 17557, Apr. 10, 1997] the east side of Yerba Buena Island: § 334.1080 San Francisco Bay adjacent From a point along the southeastern to northeast corner of Treasure Is- shore of Yerba Buena Island at latitude land; naval restricted area. ° ′ ″ ° ′ ″ 37 48 27 North, longitude 122 21 44 (a) The area. Beginning at the inter- ° ′ ″ West; east to latitude 37 48 27 North, section of Pier 21 and the bulkhead ° ′ ″ longitude 122 21 35 West; north to lati- line, thence northwesterly along the ° ′ ″ ° ′ ″ tude 37 48 49 North, longitude 122 21 35 bulkhead to the northernmost point of West, a point on the northeastern side Treasure Island; thence 288° true, 290 of Yerba Buena Island. yards; thence 26° true, 475 yards; thence (b) The regulation. (1) All persons and 115° 30′ true, 520 yards; thence 152° true, vessels are prohibited from entering 500 yards to Pier 21; thence along the the waters within the Restricted Area pier to the point of beginning. for any reason without prior written (b) The regulations. No person shall permission from the Commanding Offi- enter the restricted area. No vessels, cer of the Coast Guard Group San except those engaged in naval oper- Francisco on Yerba Buena Island. ations, shall lie, anchor, moor or un- (2) Mooring, anchoring, fishing, tran- necessarily delay in the area. Vessels sit and/or swimming shall not be al- may pass through the area in the proc- lowed within the Restricted Area with- ess of ordinary navigation except as di- out prior written permission from the rected by patrol boats. The regulations Commanding Officer of the Coast in this paragraph shall be enforced by Guard Group San Francisco on Yerba the Commandant, Twelfth Naval Dis- Buena Island. trict, and such agencies as he may des- (c) Enforcement. The regulation in ignate. 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, Guard Group San Francisco on Yerba 1986, as amended at 62 FR 17557, Apr. 10, 1997]

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§ 334.1090 San Francisco Bay in vicin- the shore line of the westerly of the ity of the NSC Fuel Department, two Seal Islands; thence 60°30′, 940 Point Molate restricted area. yards; thence 75°, 1,650 yards; thence (a) The area. Bounded by the easterly 102°, 1,850 yards; thence 99°, 1,880 yards; shore of upper San Francisco Bay and thence 180°, 435 yards, to the shore line; the following lines: Beginning at a thence following the high water shore point on shore bearing 17° 800 yards, line in a general westerly direction to from ‘‘Tree’’ at Molate Point thence the point of beginning. 270°, 870 yards; thence 189° 1,100 yards; (b) The regulations. (1) No person, ves- and thence 123° to the shore. sel, watercraft, conveyance or device (b) The regulations. Persons and ves- shall enter or cause to enter or remain sels not operating under supervision of in this area. No person shall refuse or the local military or naval authority fail to remove any person or property or public vessels of the United States, in his custody or under his control shall not enter this area except by spe- from this area upon the request of the cific permission of the Commanding Of- Commanding Officer of Military Ocean ficer, Naval Supply Center. Terminal Concord or his/her authorized representative. [26 FR 11201, Nov. 28, 1961, as amended at 42 (2) The regulations in this section FR 17120, Mar. 31, 1977. Redesignated at 50 FR 42696, Oct. 22, 1985; 51 FR 25198, July 11, 1986, shall be enforced by the Commanding as amended at 62 FR 17558, Apr. 10, 1997] Officer, Military Ocean Terminal Con- cord, and such agencies as he/she shall § 334.1100 San Pablo Bay, Carquinez designate. Strait, and Mare Island Strait in vi- cinity of U.S. Naval Shipyard, Mare [26 FR 11201, Nov. 28, 1961, as amended at 42 Island; restricted area. FR 17120, Mar. 31, 1977. Redesignated at 50 FR 42696, Oct. 22, 1985, as amended at 61 FR 43970, (a) The area. The waters of San Pablo Aug. 27, 1996; 83 FR 64026, Dec. 13, 2018] Bay, Carquinez Strait, and Mare Island Strait, within 100 yards of the shore of § 334.1120 Pacific Ocean in the vicinity that part of the Navy Yard, Mare Is- of Point Mugu, Calif.; naval small land, south of the causeway between arms firing range. the City of Vallejo and Mare Island and (a) The danger zone. A triangular area extending continuously therefrom extending westerly into the waters of southeasterly, southwesterly, and the Pacific Ocean from a point on the northwesterly around the Navy Yard to beach north of Point Mugu, California, its northwesterly limit on the waters described as follows: Beginning at lati- of San Pablo Bay, and the waters with- tude 34°05′32″, longitude 119°03′57″; in 50 yards of any part of the berthing thence southwesterly approximately piers at the Navy Yard. 4,000 yards to latitude 34°04′22″, lon- (b) The regulations. No persons shall gitude 119°05′55″; thence northwesterly enter this area and no vessels or other approximately 1,500 yards to latitude craft, except vessels of the U.S. Gov- 34°05′01″, longitude 119°06′17″; thence ernment or vessels duly authorized by northeasterly to the point of begin- the Commander, Mare Island Naval ning. Shipyard, Vallejo, California, shall (b) The regulations. (1) Range firing navigate, anchor or moor in this area. will normally take place between 6 [26 FR 11201, Nov. 28, 1961, as amended at 27 a.m. and 6 p.m., Thursday through FR 10484, Oct. 27, 1962. Redesignated at 50 FR Monday, and between 6 a.m. and 11:30 42696, Oct. 22, 1985; 51 FR 25198, July 11, 1986, p.m., Tuesday and Wednesday of each as amended at 62 FR 17558, Apr. 10, 1997] week. Within the above periods, firing will be conducted as determined by the § 334.1110 Military Ocean Terminal Commanding Officer, U.S. Naval Con- Concord; restricted 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,

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Port Hueneme, California, will an- a.m. and 5 p.m. Monday through Fri- nounce firing schedules. Each week, day. public notices will be issued giving ad- (2) The danger zone may be used at vance firing schedules. Such notices all times for navigation and fishing, ex- will appear in the local newspapers and cept when advance notice of intention in local ‘‘Notice to Mariners,’’ and to use this area has been given by the ‘‘Notice to Airmen.’’ For the benefit of enforcing agency by one or more of the fishermen and smallcraft operators, an- following means: nouncements will be made on the ma- (i) Notice published in Ventura Coun- rine radio. (4) When a scheduled firing is about ty daily newspaper, at least two days to be undertaken or is in progress, a in advance of the date of said use and large red flag will be displayed from in the local ‘‘Notice to Mariners.’’ the control tower situated at latitude (ii) Display of red flag from the tower 34°05′32″, longitude 119°03′57″, so as to be at 34°05′53″ N., 119°06′59″ W; or display of clearly visible for a distance of at least red flashing beacons in the case of three (3) miles offshore. Safety observ- night firing. ers will be on duty at all times when (iii) Radio broadcast on VHF-FM the warning flag is being displayed channel 16. from the tower. Upon completion of fir- (iv) Notice to individual craft by ing, or if the scheduled firing is can- visit of United States vessel. celed for any reason, fishermen and (v) Telephone advice to such fisher- small-boat operators will be notified as man’s organizations as may request, in far in advance as possible by Marine writing, that such advice be given. Radio Broadcast. (5) Persons, vessels or other craft (3) Safety observers will be on duty shall not enter or remain in the danger at all times when the range is in use. zone when the warning flag is being Upon completion of firings, or if the displayed unless authorized to do so by scheduled firing is canceled for any the range officer in the control tower. reason, fishermen and small boat oper- (6) The regulations in this section ators will be notified as far in advance shall be enforced by the Commandant, as possible by Marine Radio Broadcast. Eleventh Naval District, San Diego, (4) Persons, vessels or other craft California, and such agencies as he shall not enter or remain in the danger may designate. zone when the warning flag or beacon [28 FR 4785, May 14, 1963; 29 FR 1318, Jan. 25, is being displayed unless authorized to 1964, as amended at 32 FR 5834, Apr. 12, 1967. do so by the range officer in the con- Redesignated at 50 FR 42696, Oct. 22, 1985, as trol tower. amended at 62 FR 17558, Apr. 10, 1997] (5) The regulations in this section shall be enforced by personnel attached § 334.1125 Pacific Ocean Naval Air Weapons Station, Point Mugu, to the Naval Air Weapons Station, Small Arms Range, Ventura County, Point Mugu, California, and by such California; danger zone. other agencies as the Commandant, (a) The area. A triangular area ex- Eleventh Naval District, San Diego, tending southerly into the waters of California, may designate. the Pacific Ocean from a point on the [62 FR 40278, July 28, 1997] beach north of Point Mugu, California, as follows: § 334.1126 Naval Base Ventura County, Point Mugu, California; restricted Station Latitude Longitude area. 1 ...... 34°05′48″ N ...... 119°07′03″ W. 2 ...... 34°03′20″ N ...... 119°08′16″ W. (a) The area. The restricted area at 3 ...... 34°03′11″ N ...... 119°07′39″ W. Naval Base Ventura County Point 4 ...... 34°05′42″ N ...... 119°06′59″ W. Mugu incorporates its shoreline and 5 ...... 34°05′41″ N ...... 119°06′51″ W. 6 ...... 34°05′45″ N ...... 119°06′52″ W. connects the following points: latitude 34°7′9.9″, longitude 119°9′35.6″ (up-coast (b) The regulations. (1) Range firing will normally take place between 7

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shoreline point); latitude 34°7′0.0″, lon- continue to do so. All vessels must ob- gitude 119°9′46.7″ latitude 34°6′44.9″, lon- tain clearance from ‘‘Control 1’’ over gitude 119°9′22.5″; latitude 34°6′30.2″, lon- marine radio channel 06 VHF-FM prior gitude 119°8′59.0″; latitude 34°6′20.5″, lon- to crossing the COLREGS (Collision gitude 119°8′46.7″; latitude 34°6′8.4″, lon- Regulations) demarcation line. Vessels gitude 119°8′25.2″; latitude 34°5′53.7″; lon- without marine radio capability must gitude 119°7′59.5″; latitude 34°5′45.9″, lon- obtain clearance in advance by con- gitude 119°7′41.5″; latitude 34°5′40.1″, lon- tacting ‘‘Control 1’’ via telephone at gitude 119°7′21.0″; latitude 34°5′33.6″, lon- (805) 982–3938 prior to crossing the gitude 119°6′58.1″; latitude 34°5′31.2″, lon- COLREGS demarcation line. The gitude 119°6′37.9″; latitude 34°5′31.0″, lon- COLREGS demarcation line is defined gitude 119°6′22.2″; latitude 34°5′32.9″, lon- as a line approximately 1,500 feet in gitude 119°6′14.4″; latitude; 34°5′44.7″, length connecting the seaward limits longitude 119°5′54.0″; latitude 34°5′45.2″, or ends of the two Port Hueneme Har- longitude 119°5′43.5″; latitude 34°5′41.0″, bor entrance jetties, with the north- longitude 119°5′21.2″; latitude 34°5′42.2″, western jetty end occurring at latitude longitude 119°5′13.3″; latitude 34°5′27.8″, 34°8′37.0″ N., longitude 119°12′58.8″ W., longitude 119°4′49.5″; latitude 34°5′17.9″, and the southeastern entrance jetty oc- longitude 119°4′27.9″; latitude 34°5′5.7″, curring at latitude 34°8′34.8″ N., lon- longitude 119°3′59.90″; latitude; gitude 119°12′43.2″ W. (NAD83). 34°5′17.9″, longitude 119°3′55.4″ (down- (c) Enforcement. The regulation in coast shoreline point). this section, promulgated by the (b) The regulation. No vessels may United States Army Corps of Engi- enter the restricted area unless permis- neers, shall be enforced by the Com- sion is obtained in advance from the manding Officer of Naval Base Ventura Commanding Officer of Naval Base County, and such agencies or persons Ventura County. Contact Naval Base as he/she may designate. Ventura County Security at (805) 989– 7907. [69 FR 20545, Apr. 16, 2004] (c) Enforcement. The regulation in this section, promulgated by the § 334.1130 Pacific Ocean, Western United States Army Corps of Engi- Space and Missile Center (WSMC), neers, shall be enforced by the Com- Vandenberg AFB, Calif.; danger zones. manding Officer of Naval Base Ventura County, and such agencies or persons (a) The Area. (1) The waters of the Pa- as he/she may designate. cific Ocean in an area extending sea- ward from the shoreline a distance of [69 FR 20546, Apr. 16, 2004] about three nautical miles and basi- § 334.1127 Naval Base Ventura County, cally outlined as follows: Port Hueneme, California; re- stricted area. Station Latitude Longitude (a) The area. The waters within Port Point Sal 34°54′08″ 120°40′15″ Hueneme Harbor, beginning at the sea- 1 34°54′08″ 120°44′00″ ° ′ ″ ° ′ ″ ward ends of the two Port Hueneme 2 34 52 48 120 44 00 3 34°50′00″ 120°40′30″ Harbor entrance jetties, with the 4 34°44′50″ 120°42′15″ northwestern entrance jetty end occur- 5 34°41′50″ 120°40′12″ ring at latitude 34°8′37.0″ N., longitude 6 34°35′12″ 120°42′45″ 119°12′58.8″ W. and the southeastern en- 7 34°33′00″ 120°41′05″ trance jetty occurring at latitude 8 34°30′40″ 120°37′29″ ° ′ ″ ° ′ ″ 34°8′34.8″ N, longitude 119°12′43.2″ W., 9 34 24 18 120 30 00 10 34°23′34″ 120°27′05″ and extending northeasterly to the 11 34°24′21″ 120°24′40″ shoreline. 12 34°27′20″ 120°24′40″ (b) The regulation. No vessels or per- Point Sal 34°54′08″ 120°40′15″ sons may enter the restricted area un- less permission is obtained in advance (2) The danger area described in para- from the Commanding Officer of Naval graph (a)(1) of this section will be di- Base Ventura County. Commercial ves- vided into zones in order that certain sels that are required to make Ad- firing tests and operations, whose char- vanced Notifications of Arrival shall acteristics as to range and reliability

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permit, may be conducted without re- 34°33′15″, longitude 120°37′29″; thence due quiring complete evacuation of the en- south to latitude 34°30′40″, longitude tire area. These zones are described as 120°37′29″; thence due east to the shore- follows: line at latitude 34°30′40″, longitude (i) Zone 1. An area extending seaward 120°30′10″. about three nautical miles from the (vii) Zone 7. An area extending sea- shoreline beginning at Point Sal, lati- ward about three nautical miles from tude 34°54′08″, longitude 120°40′15″; the shoreline beginning at latitude thence due west to latitude 34°54′08″, 34°30′40″, longitude 120°30′10″; thence due longitude 120°44′00″; thence to latitude west to latitude 34°30′40″, longitude 34°52′48″, longitude 120°44′00″; thence to 120°37′29″; thence to latitude 34°26′56″, latitude 34°50′00″, longitude 120°40′30″; longitude 120°33′06″; thence due east to thence due east to the shoreline at lati- the shoreline at Point Conception, lati- tude 34°50′00″, longitude 120°36′30″. tude 34°26′56″, longitude 120°28′10″. (ii) Zone 2. An area extending sea- (viii) Zone 8. An area extending sea- ward about three nautical miles from ward about three nautical miles from the shoreline beginning at latitude the shoreline beginning at Point Con- 34°50′00″, longitude 120°36′30″; thence due ception, latitude 34°26′56″, longitude west to latitude 34°50′00″, longitude 120°28′10″; thence due west to latitude 120°40′30″, thence to latitude 34°45′28″, 34°26′56″, longitude 120°33′06″; thence to longitude 120°42′05″; thence due east to latitude 34°24′18″, longitude 120°30′00″; the shoreline at Purisima Point, lati- thence to latitude 34°23′34″, longitude tude 34°45′28″, longitude 120°38′15″. 120°27′05″; thence shoreward to Point (iii) Zone 3. An area extending sea- Conception, latitude 34°26′56″, longitude ward about three nautical miles from 120°28′10″. the shoreline beginning at Purisima (ix) Zone 9. An area extending sea- Point latitude 34°45′28″, longitude ward about three nautical miles from 120°38′15″; thence due west to latitude the shoreline beginning at Point Con- 34°45′28″, longitude 120°42′05″; thence to ception, latitude 34°26′56″, longitude latitude 34°44′50″, longitude 120°42′15″; 120°28′10″; thence seaward to latitude thence to latitude 34°41′50″, longitude 34°23′34″, longitude 120°27′05″; thence to 120°40′12″; thence due east to the shore- latitude 34°24′21″, longitude 120°24′40″; line at the mouth of the Santa Ynez thence due north to the shoreline at River, latitude 34°41′50″, longitude latitude 34°27′20″, longitude 120°24′40″. 120°36′20″. (b) The regulations. (1) Except as pre- (iv) Zone 4. An area extending sea- scribed in this section or in other regu- ward about three nautical miles from lations, the danger zone will be open to the shoreline beginning at the mouth fishing, location of fixed or movable oil of the Santa Ynez River latitude drilling platforms and general naviga- 34°41′50″, longitude 120°36′20″; thence due tion without restrictions. west to latitude 34°41′50″, longitude (2) The stopping or loitering by any 120°40′12″; thence to latitude 34°35′12″; person or vessel is expressly prohibited longitude 120°42′45″; thence latitude within Danger Zone 4, between the 34°34′32″, longitude 120°42′15″, thence due mouth of the Santa Ynez River and east to the shoreline at Point Arguello, Point Arguello, unless prior permission latitude 34°34′32″, longitude 120°39′03″. is obtained from the Commander, (v) Zone 5. An area extending seaward Western Space and Missile Center about three nautical miles from the (WSMC) at Vandenberg AFB, Cali- shoreline beginning at Point Arguello, fornia. latitude 34°34′32″, longitude 120°39′03″; (3) The impacting of missile debris thence due west to latitude 34°34′32″, from launch operations will take place longitude 120°42′15″; thence to latitude in any one or any group of zones in the 34°33′00″, longitude 120°41′05″; thence to danger areas at frequent and irregular latitude 34°30′40″, longitude 120°37′29″; intervals throughout the year. The thence due north to the shoreline at Commander, WSMC, will announce in latitude 34°33′15″, longitude 120°37′29″. advance, the closure of zones hazarded (vi) Zone 6. An area extending sea- by missile debris impact. Such advance ward about three nautical miles from announcements will appear in the the shoreline beginning at latitude weekly ‘‘Notice to Mariners.’’ For the

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benefit of fishermen, small craft opera- (9) No seaplanes, other than those ap- tors and drilling platform operators, proved by the Commander, WSMC, may announcements will also be made on enter the danger zones during launch radio frequency 2182 kc, 2638 kc, VHF closure periods. channel 6 (156.30 MHZ), VHF channel 12 (10) The regulations in this section (156.60 MHZ), and VHF channel 16 shall be enforced by personnel attached (156.80 MHZ) for daily announcements. to WSMC and by such other agencies as Additionally, information will be post- may be designated by the Commander, ed on notice boards located outside WSMC. Port Control Offices (Harbormasters) (11) The regulations in this section at Morro Bay, Port San Luis, Santa shall be in effect until further notice. Barbara, Ventura, Channel Islands, and They shall be reviewed again during Port Hueneme Harbors, and any estab- August 1994. lished harbor of refuge between Santa Barbara and Morro Bay. (33 U.S.C. 1, 3) (4) All fishing boats, other small [48 FR 19025, Apr. 27, 1983. Redesignated at 50 craft, drilling platforms and shipping FR 42696, Oct. 22, 1985, and amended at 54 FR vessels with radios are requested to 31142, July 26, 1989; 62 FR 17558, Apr. 10, 1997] monitor radio frequency 2182 kc, 2638 kc, VHF channel 6 (156.30 MHZ), VHF § 334.1140 Pacific Ocean at San Miguel Island, Calif.; naval danger zone. channel 12 (156.60 MHZ), or channel 16 (156.80 MHZ) while in these zones for (a) The area. The waters around San daily announcements of zone closures. Miguel Island, extending about 3 miles (5) When a scheduled launch oper- seaward from the shoreline within the ation is about to begin, radio broadcast following points: notifications will be made periodically, starting at least 24 hours in advance. Latitude (N) Longitude (W) Additional contact may be made by Point A 34°01′32″ 120°23′17″ surface patrol boats or aircraft Point B 33°58′48″ 120°23′17″ equipped with a loudspeaker system. Point C 33°58′48″ 120°15′00″ ° ′ ″ ° ′ ″ When so notified, all persons and all Point D 34 02 50 120 15 00 Point E 34°05′45″ 120°17′25″ vessels shall leave the specified zone or Point F 34°07′00″ 120°20′05″ zones immediately by the shortest Point G 34°09′18″ 120°23′17″ route. Point H 34°03′09″ 120°23′17″ (6) The Commander, WSMC, will ex- tend full cooperation relating to the (b) Markers. Range markers, as delin- public use of the danger area and will eated below, are installed at points A fully consider every reasonable request and H for navigational purposes for for its use in light of requirements for both surface vessels and aircraft: national security and safety of persons (1) At point A two triangular mark- and property. ers are installed facing southward, 10 (7) Where an established harbor of feet in length on each side, with red refuge exists, small craft may take and white diagonal stripes, each mark- shelter for the duration of zone closure. er mounted atop 80-foot poles spaced (8) Fixed or movable oil drilling plat- 100 yards apart, each pole being placed forms located in zones identified as on the line of longitude 120°23′17″ W. hazardous and closed in accordance and near the southerly shoreline at with this regulation shall cease oper- latitude 34°01′32″ N. The southernmost ations for the duration of the zone clo- marker is 20 feet below the other. sure. The zones shall be closed continu- (2) At point H two triangular mark- ously no longer than 72 hours at any ers are installed facing true north 10 one time. Such notice to evacuate per- feet in length on each side, with red sonnel shall be accomplished in accord- and white diagonal stripes, each mark- ance with procedures as established by er mounted atop 80-foot poles spaced the Commander, WSMC, the U.S. De- 100 yards apart, each pole being placed partment of the Interior, Minerals on the line of longitude 120°23′17″ W. Management Service and the oil indus- and near the northwesterly shoreline try in the adjacent waters of the outer at latitude 34°03′09″ N. The northern- continental shelf. most marker is 20 feet below the other.

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(c) The regulations. (1) Except as pre- (7) The regulations in this section scribed in this section or in other regu- shall be enforced by personnel attached lations, the danger zone will be open to to the Pacific Missile Test Center, fishing and general navigation. Bomb Point Mugu, California, and by such drops between designated hours are ex- other agencies as the Commandant, pected to be intermittent, and when 11th Naval District, San Diego, Cali- safe to do so, commercial fishing boats fornia, may designate. and other small craft will be granted (8) The regulations in this section permission to proceed through the dan- shall be in effect until further notice. ger zone. All vessels permitted to enter They shall be reviewed in 1986. the zone during a scheduled bomb drop period, other than those owned or oper- (Sec. 7, 40 Stat. 266, Chap. XIX, 40 Stat. 892; 33 U.S.C. 1, 3) ated by the U.S. Government, shall proceed across the zone by the most di- [31 FR 816, Jan. 21, 1966, as amended at 47 FR rect route and clear the area as soon as 4990, Feb. 3, 1982. Redesignated at 50 FR possible. When bomb drops are not 42696, Oct. 22, 1985, as amended at 62 FR 17558, scheduled, the zone may be occupied Apr. 10, 1997] without restriction. § 334.1150 Monterey Bay, Calif. (2) The anchoring, stopping or loi- tering by any person, vessel, fishing (a) Firing range, Fort Ord, Calif.—(1) boat or recreational craft within the The danger zone. (i) A rectangular area danger zone during scheduled firing/ in Monterey Bay, the southerly limit drop hours is expressly prohibited. of which is an extension seaward of the (3) The bomb drops will take place in southerly line of the Fort Ord Military the danger zone at frequent and irreg- Reservation boundary and bears 307° ular intervals throughout the year. true, 8,000 yards from a point on the Danger zone usage demands are identi- shore at latitude 36°37′47″, longitude fied in the Eleventh Coast Guard Dis- 121°50′28″, and the northerly limit of trict, ‘‘Local Notice of Mariners.’’ An- which is a line bearing 307° true, 8,000 nouncements will also be made on ma- yards, from a point on the shore at rine radio channel 16, at 0800 local latitude 36°41′57″, longitude 121°48′30″, time, 1200 local time and/or 1 hour opposite Marina, Monterey County, prior to bomb drop operations. Status California. The seaward boundary is a of the zone and/or permission to enter, straight line joining the outer ends of may be requested by calling ‘‘Plead the southerly and the northerly bound- Control’’ on marine channel 16 or by aries at the 8,000 yard range and is ap- calling the Pacific Missile Test Center proximately parallel to the shore. (PMTC) on telephone number (805) 982– (ii) The danger zone is divided into a 8280 or 982–8841. short range area, extending seaward (4) The Commander, PMTC will ex- from the shore a distance of 5,000 yards tend full cooperation relating to the measured along the southerly and public use of the danger zone area and northerly boundaries, and a long range will fully consider every reasonable re- area embracing the entire danger zone. quest for its use in light of require- (2) The regulations. (i) The 5,000 yard ments for national security and safety short range is prohibited to all persons, of persons and property. vessels and craft, except those author- (5) No seaplanes, other than those ap- ized by the enforcing agency, each proved for entry by the Commander, week, between dawn and midnight from PMTC, may enter the danger zone dur- Monday through Friday and between ing firing periods. dawn and dusk on Saturday and Sun- (6) Landing by any vessel or going day. ashore by any person on San Miguel Is- (ii) The area between the 5,000 yard land is specifically prohibited without short range and the 8,000 yard seaward prior permission of the Superintendent, boundary of the danger zone may be Channel Islands National Park. Appli- used at all times for navigation and cations for such permission should be fishing, except when advance notice of made to: Superintendent, Channel Is- intention to use this area has been lands National Park, 1699 Anchors Way given by the enforcing agency by one Drive, Ventura, California 93003. or more of the following means.

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(a) Notice published in Monterey (b) The regulations. The Commander, County and Santa Cruz County daily Mare Island Naval Shipyard, Vallejo, newspapers, at least two days in ad- California, will conduct target practice vance of the date of said use. in the area at intervals of which the (b) Display of red flags at Indian public will be duly notified. At such Head Beach and near the Point Pinos times all persons and vessels shall stay Lighthouse. clear. (c) Radio Broadcast. [13 FR 8302, Dec. 24, 1948. Redesignated at 14 (d) Notice to individual craft by a FR 4904, Aug. 9, 1949, and amended at 27 FR visit of a U.S. vessel. 10484, Oct. 27, 1962; 37 FR 9995, May 18, 1972. (e) Telephone advice to such fisher- Redesignated at 50 FR 42696, Oct. 22, 1985, as men’s organizations as may request, in amended at 62 FR 17558, Apr. 10, 1997] writing, that such advice be given. (iii) The regulations in this para- § 334.1170 San Pablo Bay, Calif.; gun- graph will be enforced by the Com- nery range, Naval Inshore Oper- manding General, Fort Ord, California. ations Training Center, Mare Is- (b) Navy mining operations area—(1) land, Vallejo. The danger zone. Shoreward of a line (a) The Danger Zone. A sector in San beginning at the stack at about lati- Pablo Bay delineated by lines joining tude 36°58′06″, longitude 121°54′06″; the following points: thence 230° true, 6.0 miles; thence 140° true, 7.5 miles; thence 50° true to the Latitude Longitude shore. 38°02′08″ 122°25′17″ (2) The regulations. The danger zone 38°02′21″ 122°22′55″ will be used for training in various 38°05′48″ 122°19′34″ phases of mine warfare operations. 38°07′46″ 122°23′23″ During the period from August 1 to February 15, inclusive, each year, no NOTE: The danger zone shall be used until operations will be carried on which will September 30, 1982, after which it shall be subject to review to determine the further involve placing any obstructions in the need thereof. water nor will any operations be car- (b) The regulations. The Commanding ried on at night. During the period Officer, Coastal River Division Eleven, from February 16 to July 31, inclusive, each year, operations may be carried Department of the Navy, Mare Island, on which will involve laying exercise Vallejo, California, will conduct gun- mines and other moored or bottom ob- nery practice in the area during the pe- structions. In each case when moored riod April 1 through September 30, be- or bottom obstructions are laid a no- tween the hours of 10 a.m. and 3 p.m. tice to mariners will be issued giving on the first Wednesday of each month notice of their approximate location and the third full weekend (Saturday within the danger zone and all persons and Sunday) of June. No persons or and vessels shall keep clear. vessels shall enter or remain in the danger zone during the above stated pe- [13 FR 8301, Dec. 24, 1948. Redesignated at 14 riods except those persons and vessels FR 4904, Aug. 9, 1949, and amended at 17 FR 4665, May 22, 1952; 19 FR 96, Jan. 7, 1954. Re- connected with the gunnery practice designated at 50 FR 42696, Oct. 22, 1985, as operations. All firing will be from the amended at 62 FR 17558, Apr. 10, 1997] southerly portion of the danger zone in a northerly direction, and only during § 334.1160 San Pablo Bay, Calif.; target good visibility. The public will be noti- practice area, Mare Island Naval fied prior to each firing by a Notice to Shipyard, Vallejo. Mariners issued by the U.S. Coast (a) The danger zone. A sector in San Guard and the area will be patrolled by Pablo Bay adjacent to the westerly boat and searched by radar to insure a shore of Mare Island with a radius of clear range. A safety officer will al- 4,700 yards, centered at a point bearing ways be aboard the firing boat to guar- ° 316 true, 3,605 yards, from Mare Island antee that all safety precautions are Strait Light 1, with limiting true bear- ings from that center of 266°30′ and 222°.

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observed. The regulations in this sec- (4) When restrictions are in force, tion will be enforced by the Com- Camp Rilea will visually monitor the mandant, 12th Naval District and such danger zone using radar and guards, agencies as he may designate. equipped with binoculars and two-way radios, posted on the beach near the [31 FR 13992, Nov. 2, 1966, as amended at 34 north and south boundaries of the FR 5723, Mar. 27, 1969; 35 FR 9279, June 13, 1970; 42 FR 40196, Aug. 9, 1977. Redesignated Camp. If a vessel is detected in the dan- at 50 FR 42696, Oct. 22, 1985, as amended at 62 ger zone, a cease fire will be called on FR 17558, Apr. 10, 1997] all active weapons ranges and Camp Rilea will attempt to contact the ves- § 334.1175 Pacific Ocean, at Camp sel using marine VHF radio. Cease fire Rilea, Clatsop County, Oregon; dan- will be maintained until the vessel ger zone. leaves the danger zone. (a) The danger zone. The danger zone (c) Enforcement. The regulations in shall encompass all navigable waters of this section shall be enforced by the the United States, as defined at 33 CFR Commanding Officer, Camp Rilea, Or- part 329, within an area bounded as fol- egon and such agencies as he/she may lows: Beginning at latitude 46°09′00.32″ designate. N, longitude 123°57′52.57″ W; thence to [80 FR 9385, Feb. 23, 2015] latitude 46°09′00.32″ N, longitude ° ′ ″ 124 01 03.92 W; thence to latitude § 334.1180 Strait of Juan de Fuca, 46°05′25.38″ N, longitude 124°01′03.92″ W; Wash.; air-to-surface weapon range, thence to latitude 46°05′25.38″ N, lon- restricted area. ° ′ ″ gitude 123 56 23.19 W. The datum for (a) The restricted area. A circular area these coordinates is WGS84. immediately west of Smith Island with (b) The regulations. (1) No person or a radius of 1.25 nautical miles having vessel shall enter or remain in the dan- its center at latitude 48°19′11″ North ger zone when restrictions are in force and longitude 122°54′12″ West. In the during weapons range training activi- center of the area will be located a ties. At all other times, nothing in this lighted and radar reflective buoy to regulation prohibits any lawful uses of serve as a navigational aid to mariners. this area. The area will be used for air-to-surface (2) A schedule for proposed closures target practice using non-explosive of the danger zone will be furnished to training devices. the Coast Guard, Astoria Command (b) The regulations. (1) No person, ves- Center one week in advance of range sel or other watercraft shall enter or training activities to provide local no- remain within the designated re- tice to mariners. Changes to the sched- stricted area between 0700 and 1200 ule made less than one week in advance hours daily, local time except as au- of the event will be transmitted to the thorized by the enforcing agency and Command Center on the day the as follows: The area will be open to change is made. commercial gill net fishing during (3) At least 30 minutes prior to re- scheduled fishing periods from June 15 stricting navigation in the danger to October 15 annually. The October 15 zone, red flags will be raised on wooden closure date will be extended by the en- poles immediately next to the beach at forcing agency if determined as advan- the north and south boundaries of tageous to the commercial gill net Camp Rilea. The red flags will remain fishing by the Washington State De- flying while the ranges are in use. Dur- partment of Fisheries. ing night weapons training activities, (2) Prior to each target practice oper- red lights will be substituted for the ation the restricted area will be pa- flags. Closure announcements will be trolled by naval aircraft. Those persons broadcast over marine VHF Channel 16/ and vessels found within the restricted 19. When range training activities are area will be overflown by the aircraft completed, the red flags will be re- at an altitude of not less than 300′ in moved and an announcement made the direction in which the unauthor- over marine VHF Channel 16/19 that re- ized person and vessel are to proceed to strictions are lifted. clear the area.

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(c) The regulations in this section (b) Dabob Bay in the vicinity of shall be enforced by the Commandant, Quilcene—(1) The area. All waters of Thirteenth Naval District, Seattle, Dabob Bay beginning at latitude Washington, and such agencies as he 47°39′27″, longitude 122°52′22″; thence may designate. northeasterly to latitude 47°40′19″, lon- (Sec. 7, 40 Stat. 266, Chap. XIX) gitude 122°50′10″; thence northeasterly to a point on the mean high water line [39 FR 44753, Dec. 27, 1974; 40 FR 6502, Feb. 12, 1975. Redesignated at 50 FR 42696, Oct. 22, at Takutsko Pt.; thence northerly 1985, as amended at 62 FR 17558, Apr. 10, 1997] along the mean high water line to lati- tude 47°48′00″; thence west on latitude § 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 ° ′ ″ south from the town of Bangor (lati- gitude 122 51 15 ; thence southwesterly tude 47°43′28″). to the point of beginning. (2) The regulations. (i) The area will (2) The regulations. (i) Propeller-driv- be used intermittently by the Navy for en or other noise-generating craft shall non-explosive torpedo ranging. Launch- not work their screws or otherwise ing will be conducted only between 8:00 generate other than incidental noise in a.m., and sunset on days other than the area during periods of actual test- Saturdays, Sundays, and holidays. At ing, which will be indicated by flashing no time will the navigation lanes gen- red beacons at strategic locations, and erally paralleling the shore be closed all craft shall keep well clear of vessels to navigation. engaged in such testing. (ii) Navigation will be permitted (ii) No vessel shall trawl or drag in within the area at all times except the area. when naval exercises are in progress. (iii) No vessel shall anchor in the No vessel shall enter or remain in the area except between the shore and the area when such exercises are in progress. Prior to commencement of an 10-fathom depth line. exercise, the Navy will make an aerial (iv) Operations will normally be con- or surface reconnaissance of the area. fined to the period from about 9:30 Vessels under way and laying a course a.m., to 2:30 p.m., on Mondays through through the area will not be interfered Fridays, and will normally consist of with, but they shall not delay their intermittent tests of less than 30 min- progress. Vessels anchored or cruising utes duration, with boat passage per- in the area and vessels unobserved by mitted between tests. Transits of log- the Navy reconnaissance which enter tows and other slow-moving traffic will or are about to enter the area while a be arranged on a mutually satisfactory torpedo is in the water will be con- individual basis as appropriate. Emer- tacted by a Navy patrol boat and ad- gencies or high-priority projects may vised to steer clear. Torpedos will be occasionally cause operations outside tested only when all vessels or other the periods specified above. No oper- craft have cleared the area. ations will be conducted on Sundays. (iii) When operations are in progress, (c) The regulations in this section use of the area will be indicated by the shall be enforced by the Commandant, presence of Naval vessels flying a Thirteenth Naval District, and such ‘‘Baker’’ (red) flag. agencies as he may designate. (iv) Notices of temporary suspension and revival of operations will be pub- [26 FR 6515, July 20, 1961. Redesignated at 50 lished in local newspapers and in No- FR 42696, Oct. 22, 1985] tice to Mariners published by the U.S. Coast Guard.

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§ 334.1200 Strait of Juan de Fuca, east- any non-buoyant objects in this area is ern end; off the westerly shore of prohibited. Whidbey Island; naval restricted (ii) The regulations in this paragraph areas. shall be enforced by the Commander, (a) Area No. 1. Bounded by a line com- Naval Base, Seattle, and such agencies mencing at latitude 48°20′57″ N., lon- as he/she may designate. gitude 122°40′39″ W.; thence to latitude 48°20′40″ N., longitude 122°42′59″ W.; [26 FR 11203, Nov. 28, 1961. Redesignated at 50 thence to latitude 48°21′19″ N., lon- FR 42696, Oct. 22, 1985] gitude 122°43′02″ W.; thence to latitude EDITORIAL NOTE: For FEDERAL REGISTER ci- 48°21′13″ N., longitude 122°40′26″ W.; and tations affecting § 334.1210, see the List of thence along the shore line to the point CFR Sections Affected, which appears in the of beginning. Finding Aids section of the printed volume (b) Area No. 2. Bounded by a line com- and at www.govinfo.gov. mencing at latitude 48°21′53″ N., lon- gitude 122°40′00″ W.; thence to latitude § 334.1215 Port Gardner, Everett Naval 48°23′12″ N., longitude 122°41′17″ W.; Base, naval restricted area, Everett, thence to latitude 48°23′29″ N., lon- Washington. gitude 122°40′22″ W.; thence to latitude (a) The area. The waters of Port 48°22′21″ N., longitude 122°39′50″ W.; and Gardner and East Waterway sur- thence along the shore line to the point rounding Naval Station Everett begin- of beginning. ning at Point 1, a point near the north- (c) The regulations. (1) Persons and west corner of Naval Station Everett vessels shall not enter these areas ex- at latitude 47°59′40″ North, longitude cept at their own risk. 122°13′23.5″ West and thence to latitude (2) All persons and vessels entering 47°59′40″ North, longitude 122°13′30″ West these areas shall be obliged to comply (Point 2); thence to latitude 47°59′20″ with orders received from naval North, longitude 122°13′33″ West (Point sources pertaining to their movements ° ′ ″ while in the areas. 3); thence to latitude 47 59 13 North, ° ′ ″ (3) The regulations in this paragraph longitude 122 13 38 West (Point 4); ° ′ ″ shall be enforced by the Commander, thence to latitude 47 59 05.5 North, lon- Naval Base, Seattle, and such agencies gitude 122°13′48.5″ West (Point 5); as he/she may designate. thence to latitude 47°58′51″ North, lon- gitude 122°14′04″ West (Point 6); thence [26 FR 11203, Nov. 28, 1961. Redesignated at 50 to latitude 47°58′45.5″ North, longitude FR 42696, Oct. 22, 1985] 122°13′53″ West (Point 7); thence to lati- EDITORIAL NOTE: For FEDERAL REGISTER ci- tude 47°58′45.5″ North, longitude tations affecting § 334.1200, see the List of ° ′ ″ CFR Sections Affected, which appears in the 122 13 44 West (Point 8); thence to lati- Finding Aids section of the printed volume tude 47°58′48″ North, longitude 122°13′40″ and at www.govinfo.gov. West (Point 9); thence to latitude 47°58′59″ North, longitude 122°13′30″ West § 334.1210 Admiralty Inlet, entrance; (Point 10); thence to latitude 47°59′14″ naval restricted area. North, longitude 122°13′18″ West (Point (a) Admiralty Inlet, entrance; naval re- 11); thence to latitude 47°59′13″ North, stricted area—(1) The area. Beginning at longitude 122°13′12″ West (Point 12); Point Wilson Light thence southwest- thence to latitude 47°59′20″ North, lon- erly along the coast line to latitude gitude 122°13′08″ West (Point 13); thence ° ′ 48 07 N.; thence northwesterly to a to latitude 47°59′20″ North, longitude ° ′ point at latitude 48 15 N. longitude 122°13′02.5″ West (Point 14), a point upon ° ′ 123 00 W.; thence due east to Whidbey the Naval Station’s shore in the north- Island; thence southerly along the east corner of East Waterway. coast line to latitude 48°12.5′ N.; thence (b) The regulation. (1) All persons and southerly to the point of beginning. (2) The regulations. (i) Use of any vessels are prohibited from entering equipment such as anchors, fishing the waters within the restricted area gear, grapnels, etc., which may foul un- for any reason without prior written derwater installations within the re- permission from the Commanding Offi- stricted area, is prohibited. Dumping of cer of the Naval Station Everett.

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(2) Mooring, anchoring, fishing and/or flashing red beacons on the pier located recreational boating shall not be al- in the southeast quadrant of the area. lowed within the restricted area with- (4) Enforcement. The regulations in out prior written permission from the this subsection shall be enforced by the Commanding Officer, Naval Station Commander, Naval Submarine Base Everettt. Bangor, or his/her authorized rep- (c) Enforcement. The regulation in resentative. this section, promulgated by the United States Army Corps of Engi- [69 FR 272, Jan. 5, 2004] neers, shall be enforced by the Com- § 334.1230 Port Orchard; naval re- manding Officer, Naval Station Everett stricted area. and such agencies and persons as he/she shall designate. (a) Port Orchard; naval restricted area—(1) The area. Shoreward of a line [67 FR 36525, May 24, 2002] beginning at a point on the west shore- line of Port Orchard bearing 90° from § 334.1220 Hood Canal, Bangor; naval ° ′ ″ restricted areas. stack (at latitude 47 42 01 , longitude 122°36′54″); thence 90°, approximately (a) Hood Canal, Bangor; Naval re- 190 yards, to a point 350 yards from stricted areas—(1) Area No. 1. That area stack; thence 165°, 6,000 yards, to a bounded by a line commencing on the point bearing 179°, 1,280 yards, from east shore of Hood Canal at latitude 47 Battle Point Light; thence westerly to ′ ″ ′ ″ deg.46 18 N, longitude 122 deg.42 18 W; the shoreline at latitude 47°39′08″ (ap- thence latitude 47 deg.46′32″ N, lon- ′ ″ proximate location of the Brownsville gitude 122 deg.42 20 W; thence to lati- Pier). tude 47 deg.46′38″ N, longitude 122 (2) The regulations. (i) No vessel shall, deg.42′52″ W; thence to latitude 47 at any time, anchor or tow a drag of deg.44′15″ N, longitude 122 deg.44′50″ W; any kind in this area. thence to latitude 47 deg.43′53″ N, lon- (ii) The regulations in this paragraph gitude 122 deg.44′58″ W; thence to lati- shall be enforced by the Commander, tude 47 deg.43′17’’ N, longitude 122 Naval base, Seattle, and such agencies deg.44′49″ W. 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.govinfo.gov. mander, Naval Submarine Base Ban- gor, or his/her authorized representa- § 334.1240 Sinclair Inlet; naval re- tive. stricted areas. (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. (D) Navigation will be permitted (2) Area No. 2. That area of Sinclair within that portion of this circular Inlet to the north and west of an area area not lying within Area No. 1 at all bounded by a line commencing at lati- times except when magnetic silencing tude 47°33′40″ North, longitude 122°37′32″ operations are in progress. West (Point A); thence south to lati- (E) When magnetic silencing oper- tude 47°33′36″ North, longitude 122°37′30″ ations are in progress, use of the area West (Point B); thence southwest to will be indicated by display of quick latitude 47°33′23″ North, longitude

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122°37′45″ West (Point C); thence south- ations preclude safe entry. The re- west to latitude 47°33′19″ North, lon- stricted periods will be identified by gitude 122°38′12″ West (Point D); thence the use of quick-flashing beacon lights, southwest to latitude 47°33′10″ North, which are mounted on poles at the end longitude 122°38′19″ West (Point E); of the main fuel pier on the south side thence southwest to latitude 47°33′07″ of Orchard Point at the entrance of North, longitude 122°38′29″ West (Point Rich Passage. Entry into the area is F); thence southwest to latitude prohibited when the quick-flashing 47°33′04″ North, longitude 122°39′07″ West beacons are in a flashing mode. (Point G); thence west to the north (c) Enforcement. The regulation in shore of Sinclair Inlet at latitude this section shall be enforced by the 47°33′04.11″ North, longitude 122°39′41.92″ Commander, , West (Point H). and such agencies and persons as he/she (3) The regulations. (i) Area No. 1. No shall designate. vessel of more than, or equal to, 100 [73 FR 78636, Dec. 23, 2008] gross tons shall enter the area or navi- gate therein without permission from § 334.1250 Carr Inlet, naval restricted the enforcing agency, except Wash- areas. ington State Ferries on established (a) Carr Inlet, naval restricted areas— routes. (1) The area. The Waters of Carr Inlet (ii) Area No. 2. This area is for the ex- bounded on the southeast by a line run- clusive use of the United States Navy. ning from Gibson Point on Fox Island No person, vessel, craft, article or to Hyde Point on McNeil Island, on the thing, except those under supervision northwest by a line running from of military or naval authority shall Green Point (at latitude 47°16′54″ N, enter this area without permission longitude 122°41′33″ W) to Penrose from the enforcing agency. Point; plus that portion of Pitt Pas- (b) Enforcement. The regulation in sage extending from Carr Inlet to Pitt this section shall be enforced by the Island, and that portion of Hale Pas- Commander, Navy Region Northwest, sage extending from Carr Inlet south- and such agencies and persons as he/she easterly to a line drawn perpendicular shall designate. to the channel 500 yards northwesterly [73 FR 78635, Dec. 23, 2008] of the Fox Island Bridge. (2) The regulations. (i) The area shall § 334.1244 Puget Sound, Manchester be used as an acoustic range for re- Fuel Depot, Manchester, Wash- search studies and special noise trials. ington; naval restricted area. No explosive shall be used. (a) The area. The waters of Puget (ii) No marine craft of any type shall Sound surrounding the Manchester at anytime approach or remain within Fuel Depot Point A, a point along the one hundred yards of the hydrophone northern shoreline of the Manchester buoys. The hydrophone buoys will be Fuel Depot at latitude 47°33′55″ North, anchored in Carr Inlet on a line perpen- longitude 122°31′55″, West; thence to dicular to the course line opposite latitude 47°33′37″ North, longitude Ketner’s Point, and about one mile 122°31′50″, West (Point B); thence to from the Fox Island shore. The course latitude 47°33′32″ North, longitude line, or range, will bear 134°38′21″ 122°32′06″, West (Point C); thence to (314°38′21″) true, and will be marked by latitude 47°33′45.9″ North, longitude range beacons erected near the shore- 122°32′16.04″, West (Point D), a point in line approximately one mile north- Puget Sound on the southern shoreline northeast of of Steilacoom and ap- of the Manchester Fuel Depot. proximately two miles north-northeast (b) The regulations. No person, vessel, of Home. craft, article or thing except those (iii) Buoy Testing Area. No vessel under the supervision of the military shall, at anytime, anchor or tow a drag or naval authority shall enter the area of any kind within 1,000 yards of the without the permission of the enforc- buoy testing area. ing agency or his/her designees. The re- (iv) The remainder of the area shall striction shall apply during periods 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

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

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

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bearing about 350° T to 55°38.06′ N lati- (2) Area No. 2. Vessels are allowed to tude, 131°46.75′ W longitude then bear- transit the area at any time. No vessel ing about 300° T to 55°38.52′ N latitude, may anchor within the restricted area 131°48.15′ W longitude, then bearing or tow a drag of any kind, deploy a net about 203° T to 55°33.59′ N latitude, or dump any material within the area. 131°51.54′ W longitude, then bearing Vessels are also prohibited from moor- about 112° T to the intersection of the ing or tying up to, loitering alongside shoreline at Back Island near 55°32.53′ or in the immediate vicinity of naval N latitude, 131°45.77′ W longitude, then equipment and barges in the restricted northeast along the shoreline to the area. point of beginning. (3) Area No. 3. Vessels are allowed to Area No. 4. The waters of Clover Pas- transit the area at any time. Due to sage bounded by an irregular polygon the presence of underwater cables and beginning at the shoreline on Back Is- instrumentation, anchoring is prohib- land near 55 32.63′ N latitude, 131°45.18′ ited and the towing of a drag or any ob- W longitude, then bearing 150° T. to the ject within 100 feet of the bottom is intersection of the shoreline on also prohibited. Anchoring is allowed Revillagegedo Island near 55°30.64′ N within 100 yards of the shore of Back latitude, 131°43.64′ W longitude, then Island except within 100 yards of each southwest along the shoreline to near side of the area where electrical and 55°30.51′ N latitude, 131°43.88′W lon- other cables are brought ashore. The 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 be- ing 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 Facility Control 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 amber beacon means longitude, then northeast to Helm that the area is closed to all vessels Point on the Cleveland Peninsula, then and to await a clear signal. The flash- northeast along the shoreline to the ing amber beacon not lighted is the point of beginning at Point Francis. clear signal and indicates that vessels (b) The regulations—(1) Area No. 1. may proceed through the area. Each Vessels are allowed to transit the area closure of the area by the Navy will at any time. No vessel may anchor normally not exceed 20 minutes. within the restricted area or tow a (ii) When Area No. 5 restrictions are drag of any kind, deploy a net or dump in place, vessels may operate within any material within the area. 1000 yards of the shoreline at speeds no

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greater than 5 knots in accordance ington, or such agencies as he may des- with the restriction in effect in Area ignate. No. 3. [29 FR 5947, May 6, 1964, as amended at 36 FR (c) Vessels will be allowed to transit 6422, Apr. 3, 1971. Redesignated at 50 FR 42696, Area No. 5 within 20 minutes of marine Oct. 22, 1985] radio or telephone notification to the Navy Facility Control Officer. § 334.1300 Blying Sound area, Gulf of Alaska, Alaska; air-to-air gunnery (d) Enforcement. The regulations in practice area, Alaskan Air Com- this section shall be enforced by the mand, U.S. Air Force. Commander, Naval Surface Warfare (a) The danger zone. A rhomboidal Center, Carderock Division, and such area beginning at latitude 59°51′30″ N., agencies he/she may designate. longitude 148°42′00″ W.; thence to lati- ° ′ ″ ° ′ ″ [55 FR 2586, Jan. 25, 1990, as amended at 55 tude 59 22 30 N., longitude 147 00 00 W.; FR 10237, Mar. 20, 1990; 58 FR 6718, Feb. 2, thence to latitude 58°52′00″ N., lon- 1993; 80 FR 75948, Dec. 7, 2015] gitude 148°03′00″ W.; thence to latitude 59°20′00″ N., longitude 149°45′00″ W., and § 334.1280 Bristol Bay, Alaska; air-to- thence to point of beginning. air weapon range, Alaskan Air Com- (b) The regulations. (1) 20-mm. cannon mand, U.S. Air Force. will be fired at towed targets in the air. (a) The danger zone. An area in Bris- One firing mission will be conducted every 2 weeks during daylight hours tol Bay beginning at latitude 58°24′ N., only and weather permitting. longitude 159°10′ W.; thence to latitude ° ′ ° ′ (2) The fact that practice firing is to 57 58 N., longitude 158 30 W.; thence to take place over the designated area ° ′ ° ′ latitude 57 07 N., longitude 160 20 W.; shall be advertised to the public 7 days ° ′ thence to latitude 58 02 N., longitude in advance through the usual media for 161°40′ W.; and thence to the point of the dissemination of such information. beginning. Notice to the U.S. Coast Guard and (b) The regulations. (1) Intermittent NOTAM shall be issued at least 48 firing will be conducted over two to hours before firing is to be conducted three day periods about 2 hours a day on the range. Information as to the between the hours of 10:00 a.m. and 4:00 dates, time, and characteristics of the p.m. during the months of May through firing shall be advertised in advance of August. each session of firing. (2) The fact that practice firing is to (3) Prior to conducting each practice take place over the designated area firing, the danger zone shall be pa- shall be advertised to the public 72 trolled by aircraft to note the location of all vessels within the area. The prac- hours in advance through the usual tice firing exercise shall be conducted media for the dissemination of such in- in the portion of the danger zone not formation. Notice to the U.S. Coast occupied by surface craft. Guard and NOTAM shall be issued at (4) The regulations in this section least 48 hours before firing is to be con- shall be enforced by the Commander, ducted on the range. Information as to Alaskan Air Command, U.S. Air Force, the dates, time, and characteristics of Anchorage, Alaska, or such agencies as the firing shall be advertised in ad- he may designate. vance of each session of firing. (Sec. 7, 40 Stat. 266; 33 U.S.C. 1) (3) Prior to conducting each practice firing, the danger zone shall be pa- [37 FR 527, Jan. 13, 1972. Redesignated at 50 trolled by aircraft to note the location FR 42696, Oct. 22, 1985] of all vessels within the area. The prac- § 334.1310 Lutak Inlet, Alaska; re- tice firing exercise shall be conducted stricted areas. in the portion of the danger zone not (a) The areas—(1) Army POL dock re- occupied by surface craft. stricted area. (i) The waters of Lutak (4) This section shall be enforced by Inlet bounded as follows: Beginning at the Commander, Alaskan Air Com- the water’s edge 900 feet northwest of mand, U.S. Air Force, Seattle, Wash- the centerline of the landward end of the POL dock; thence 800 feet, 51° true;

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thence 1,400 feet, 113° true; thence 450 California, and such agencies and he/ feet, 211° true to the water’s edge at a she may designate. point approximately 720 feet from the [58 FR 26046, Apr. 29, 1993] most southwest corner of the seaward end of the POL dock; thence along the § 334.1325 United States Army Re- water’s edge to the point of beginning. stricted Area, Kuluk Bay, Adak, (ii) The area will be marked at points Alaska. approximately 200 feet apart along the (a) The area. The area within a radius shore by white signs containing the 1,000 yards around the Sea Base Radar word ‘‘Warning.’’ The signs will not be mooring site in all directions from lati- lighted. tude 51°53′05.4″ N, longitude 176°33′47.4″ (2) Dry Cargo dock mooring area. (i) W (NAD 83). The waters within 60 feet off the face of (b) The regulation. (1) No vessel, per- the dock. son, or other craft shall enter or re- (b) The regulations. (1) No person, ves- main in the restricted area except as sel or other watercraft shall enter or may be authorized by the enforcing remain in the Army POL dock re- agency. stricted area when tankers are engaged (2) A ring of eight lighted and in discharging oil at the dock. marked navigation buoys marking the (2) The dropping and dragging of an- perimeter of the mooring anchor sys- chors, weights, or other ground tackle tem will provide a visible distance ref- within the Dry Cargo dock mooring erence at a radius of approximately 800 area is prohibited. yards from latitude 51°53′05.4″ N, lon- (3) The regulations in this section gitude 176°33′47.4″ W (NAD 83). Each shall be enforced by the District Engi- buoy has a white light, flashing at 3 neer, U.S. Army Engineer District, An- second intervals with a 2 nautical mile chorage, Alaska, and such agencies as range. Vessels, persons or other craft he may designate. must stay at least 200 yards outside the [33 FR 7723, May 25, 1968. Redesignated at 50 buoys. FR 42696, Oct. 22, 1985, as amended at 62 FR (3) The regulation in this section 17559, Apr. 10, 1997] shall be enforced by personnel attached to the Missile Defense Agency and/or § 334.1320 Kuluk Bay, Adak, Alaska; by such other agencies as the Director, naval restricted area. MDA–AK, Fort Richardson, Alaska, (a) The area. The northwest portion may designate. of Kuluk Bay bounded as follows: Be- [72 FR 65669, Nov. 23, 2007] ginning on shore at latitude 51°55′00″ N, longitude 176°33′09″ W; thence due east § 334.1330 Bering Strait, Alaska; naval to latitude 51°55′00″ N, longitude restricted area off Cape Prince of 176°33′09″ W; thence due south to lati- Wales. tude 51°51′55″ N longitude 176°31′09″ W; (a) The area. An area 2,000 feet wide thence due west to the shore at lati- extending from a point on Cape Prince tude 51°51′00″ N, longitude 176°37′43″ W; of Wales marked by a triangular cable thence along the shoreline to the point marker located approximately midway of beginning. between the village of Wales and Cape (b) The regulations. (1) Except in great Prince of Wales Light to a point four emergency, no vessel shall anchor in statute miles due west of the cable the restricted area described above. marker with the axis of the area pass- (2) The dragging of anchors in or ing through the two points. across the restricted area is prohibited (b) The regulations. (1) No vessel shall and no object attached to a vessel shall anchor in the restricted area described be placed on or near the bottom. in paragraph (a) of this section. (3) Fishing and trawling activities in (2) Dragging of anchors in or across the restricted area are prohibited. the restricted area is prohibited and no (4) The regulation of this restricted object attached to a vessel shall be area shall be enforced by the Com- placed on or near the bottom. mander, Patrol Wing, U.S. Pacific (3) The regulations in this section Fleet, Naval Air Station Moffett Field, shall be enforced by the Commander,

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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- ger zones. the enforcing agency. Notification to 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. miles having its center on Kaula Rock at latitude 21°39′30″, longitude 160°32′30″. On dates not specified for firing, the (2) Submerged unexploded ordnance area will be open to normal maritime danger zone, Kahoolawe Island, Hawaii. traffic. The waters adjacent to Kahoolawe Is- (2) The regulations of this section land within the area encompassed by shall be enforced by the Commanding the following coordinates beginning at General, U.S. Army, Hawaii/25th Infan- latitude 20°37′30″, longitude 156°32′48″; try Division, APO 957, and such agen- thence to latitude 20°34′48″, longitude cies as he may designate. 156°30′24″; thence to latitude 20°28′54″, longitude 156°30′30″; thence to latitude [24 FR 5999, July 28, 1959. Redesignated at 50 20°28′06″, longitude 156°41′48″; thence to FR 42696, Oct. 22, 1985, as amended at 62 FR 17559, Apr. 10, 1997] latitude 20°30′30″, longitude 156°44′12″; thence to latitude 20°33′12″, longitude ° ′ ″ ° ′ ″ § 334.1360 Pacific Ocean at Barber’s 156 44 30 ; thence to latitude 20 37 30 , Point, Island of Oahu, Hawaii; dan- ° ′ ″ longitude 156 36 24 ; thence to the be- ger zone. ginning coordinates. (b) The regulations. No person, vessel (a) The danger zone. The waters with- or other craft shall enter or remain in in a rectangular area beginning at a any of the areas at any time except as point in latitude 21°17′56″ N., longitude authorized by the enforcing agency. 158°05′21″ W., thence to latitude 21°17′30″ (c) Enforcing agency. The regulations N., longitude 158°05′21″ W.; thence to in this section shall be enforced by latitude 21°17′58″ N., longitude 158°02′49″ Commander, Naval Base, Pearl Harbor, W., thence to latitude 21°18′24″ N., lon- Hawaii 96860–5020, and such agencies as gitude 158°02′49″ W.; thence along the he/she may designated. shoreline at the highwater mark along [20 FR 4129, June 11, 1955, as amended at 25 the southerly boundary of Naval Air FR 4749, May 28, 1960; 31 FR 14255, Nov. 4, Station, Barber’s Point, to the point of 1966; 45 FR 57126, Aug. 27, 1980. Redesignated beginning. at 50 FR 42696, Oct. 22, 1985, and amended at (b) The regulations. (1) The area is 58 FR 53427, Oct. 15, 1993; 61 FR 34733, July 3, 1996; 62 FR 17559, Apr. 10, 1997] closed to all surface craft, swimmers, divers and fishermen except to craft § 334.1350 Pacific Ocean, Island of and personnel authorized by the enforc- Oahu, Hawaii; danger zone. ing agency. (a) The danger zone. Beginning at (2) The regulations in this section point of origin at Kaena Point Light in shall be enforced by the Commanding latitude 21°34′42″ N., longitude 158°16′54″ Officer, Naval Air Station, Barber’s W.; thence on a bearing of 282°30′ True Point, Hawaii, 96862, and such agencies to latitude 21°38′ N., longitude 158°33′ as he/she may designate. W.; thence along the arc of a circle cen- tered at Kaena Point Light to latitude [31 FR 8129, June 9, 1966, as amended at 45 FR 21°42′30″ N., longitude 158°03′ W.; thence 57126, Aug. 27, 1980. Redesignated at 50 FR on a bearing of 228° true to latitude 42696, Oct. 22, 1985] 21°35′33″ N., longitude 158°11′30″ W.; thence to point of origin.

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§ 334.1370 Pacific Ocean at Keahi weapons firing, along with information Point, Island of Oahu, Hawaii; dan- regarding onshore warning signals, will ger zone. be promulgated by the U.S. Coast (a) The danger zone. The waters with- Guard’s Local Notice to Mariners. In- in an area beginning at a point in lati- formation on weapons firing schedules tude 21°18′21.4″ N., longitude 157°59′14.2″ may also be obtained by calling the W.; thence to latitude 21°18′11″ N., lon- MCBH Range Manager, AC/S G–3 (tele- gitude 158°00′17.5″ W.; thence to latitude phone number 808–257–8816/17). 21°17′11.8″ N., longitude 158°00′06.5″ W.; (2) Whenever live firing is in progress and thence to latitude 21°17′22.5″ N., during daylight hours, two large red longitude 157°59′03.1″ W. triangular warning pennants will be (b) The regulations. (1) The area is flown at each of two highly visible and closed to all surface craft, swimmers, widely separated locations on the shore divers, and fishermen except to craft at Ulupau Crater. and personnel authorized by the enforc- (3) Whenever any weapons firing is ing agency. scheduled and in progress during peri- (2) The regulations in this section ods of darkness, flashing red warning shall be enforced by the Commanding beacons will be displayed on the shore Officer, Explosive Ordnance Disposal at Ulupau Crater. Training and Evaluation Unit One, (4) Boaters will have complete access Barbers Point, Hawaii 96862–5600. to the danger zone whenever there is [31 FR 12437, Sept. 20, 1966, as amended at 45 no weapons firing scheduled, which will FR 57126, Aug. 27, 1980. Redesignated at 50 FR be indicated by the absence of any 42696, Oct. 22, 1985, and amended at 58 FR warning flags, pennants, or beacons 53427, Oct. 15, 1993] displayed ashore. (5) The danger zone is not considered § 334.1380 Marine Corps Base Hawaii safe for boaters whenever weapons fir- (MCBH), Kaneohe Bay, Island of Oahu, Hawaii—Ulupau Crater ing is in progress. Boaters shall expedi- Weapons Training Range; danger tiously vacate the danger zone at best zone. speed and by the most direct route (a) The danger zone. The area within whenever weapons firing is scheduled. a sector extending seaward a distance Passage of vessels through the danger of 3.8 nautical miles between radial zone when weapons firing is in progress lines bearing 357.1° true and 124.9° true, will be permitted, but boaters shall respectively, from a starting point on proceed directly through the area at Mokapu Peninsula at latitude best speed. Weapons firing will be sus- 21°27′11.84″ N, longitude 157°43′53.83″ W, pended as long as there is a vessel in and overlapping the existing 500-yard the danger zone. Whenever a boater wide prohibited area. The danger zone disregards the publicized warning sig- is defined as a pie-shaped area bounded nals that hazardous weapons firing is by the landward starting point on scheduled, the boater will be personally Mokapu Peninsula and the three sea- requested to expeditiously vacate the ward points forming an arc with a 3.8 danger zone by MCBH Kaneohe Bay nautical-mile radius at its center military personnel utilizing by hailing (Point B) with a radial line bearing the vessel on VHF channel 16 or con- 56.9° true. The three seaward points tacting directly by U.S. Navy surface have the following coordinates: craft. Point A: Latitude 21°30′59.66″ N, Longitude (6) Observation posts will be manned 157°44′05.97″ W whenever any weapons firing is sched- Point B: Latitude 21°29′16.58″ N, Longitude uled and in progress. Visibility will be 157°40′30.19″ W sufficient to maintain visual surveil- Point C: Latitude 21°25′01.79″ N, Longitude lance of the entire danger zone and for 157°40′33.70″ W an additional distance of 5 miles in all (b) The regulations. (1) Weapons firing directions whenever weapons firing is at the Ulupau Crater Weapons Training in progress. Range may occur at any time between (c) The enforcing agency. The regula- 6 a.m. and 11 p.m., Monday through tions shall be enforced by the Com- Sunday. Specific dates and hours for manding Officer, MCB Hawaii, Kaneohe

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Bay and such agencies as he/she may nel 22. The enforcing agency will post designate. the danger zone closure schedule on its [74 FR 58848, Nov. 16, 2009] official Navy Web site, http:// www.cnic.navy.mil/PMRF/, and § 334.1390 Pacific Ocean off the Pacific Facebook page, http:// Missile Range Facility at Barking www.facebook.com/ Sands, Island of Kauai, Hawaii; dan- PacificMissileRangeFacility. The danger ger zone. zone closure schedule may also be ob- (a) The danger zone. All navigable wa- tained by calling the following phone ters within an area beginning at a numbers: 808–335–4301, 808–335–4388, and point on the shore at latitude 808–335–4523. 22°04′13.65″ N, longitude 159°46′30.76″ W; (4) Consistent with paragraph (b)(2) and continue south along the shoreline of this section, the enforcing agency is ° ′ ″ to latitude 21 58 42.77 N, and longitude authorized to prohibit access into the ° ′ ″ 159 45 26.35 W. Thence extending south- danger zone by anyone, and all willful ° ′ ″ west to latitude 21 56 6.00 N, and lon- violations of the enforcing agency’s gitude 159°46′55.91″ W extending north- prohibitions are punishable under 33 west to latitude 21°58′59.81″ N and lon- U.S.C. 3. gitude 159°50′51.42″ W, continuing north to latitude 22°02′28.09″ N, and longitude (c) The enforcing agency. The regula- 159°51′28.15″ W, and continuing north- tions in this section shall be enforced east to latitude 22°06′ 30.71″ N, lon- by the Commanding Officer, Pacific gitude 159°49′20.43″ W; and thence to Missile Range Facility, Hawaii and point of beginning. All coordinates ref- such agencies or persons as he or she erence 1983 North American Datum may designate. (NAD 83). [78 FR 76061, Dec. 16, 2013] (b) The regulations. (1) Dredging, drag- ging, seining, and other similar oper- § 334.1400 Pacific Ocean, at Barbers ations within the danger zone are pro- Point, Island of Oahu, Hawaii; re- hibited. stricted area. (2) All persons, boats, vessels, or (a) The area. That portion of the Pa- other craft are prohibited from enter- cific Ocean lying offshore of Oahu be- ing, transiting, or remaining within the danger zone during range oper- tween Ewa Beach and Barbers Point, ations, test and training activities, or basically outlined as follows: increases in force protection that pose Station Latitude Longitude a hazard to the general public, as de- termined by the enforcing agency. The A (shoreline) 21°18′06″ 158°04′24″ enforcing agency’s determination of B 21°17′00″ 158°03′30″ the necessity of closing the danger C 21°15′00″ 158°03′18″ ° ′ ″ ° ′ ″ zone due to increases in force protec- D 21 15 36 158 01 06 E (shoreline) 21°18′30″ 158°02′00″ tion will be based on the Department of Defense Force Protection Condition (b) The regulations. (1) Vessels shall (FPCON) System. From the lowest se- not anchor within the area at any curity level to the highest, FPCON lev- time. els are titled Normal, Alpha, Bravo, (2) Dredging, dragging, seining, or Charlie and Delta. (3) Closure of the danger zone will be other fishing operations which might indicated by Notice to Mariners, the foul underwater installations within presence of Pacific Missile Range Fa- the area are prohibited. cility range boats, beach markings in- (3) Use of the restricted area for boat- cluding beach signs along the north ing, fishing (except as prohibited in and south beach borders alerting shore- paragraph (b)(2) of this section) and line foot traffic, security patrols, and other surface activities is authorized. radio transmissions on common ocean (4) The regulations in this section frequencies to include Marine band shall be enforced by the Officer in channel 6 (156.300 Mhz), Marine band channel 16 (156.800 Mhz), and CB chan-

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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″, lon- gitude 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 re- ferred 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 wa- ing, and firing will not commence until ters within the sector of a circle bound- such vessels are clear of the area. ed by radii of 7,210 yards bearing 45° (4) This section shall be enforced by and 70°, respectively, from a point on the Commanding General, U.S. Army 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 va- cate 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 re- stricted 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 prac- tices and procedures to be followed by § 334.1490 Caribbean Sea, at St. Croix, V.I.; restricted areas. the Corps of Engineers to ensure com- pliance 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 mainte- nance 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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