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33 CFR Ch. II (7–1–14 Edition) § 334.280

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33 CFR Ch. II (7–1–14 Edition) § 334.280 § 334.280 33 CFR Ch. II (7–1–14 Edition) Back River at latitude 37°03′50″ N, lon- erly along the shore to the point of be- gitude 076°22′00″ W, thence along the ginning. shore of Langley Air Force Base, 35 (b) The regulations. (1) No vessels yards off the ordinary mean high water other than Department of the Army (MHW) mark, to a point in the North- vessels, and no persons other than per- west Branch of the Back River at lati- sons embarked in such vessels shall re- tude 37°06′40″ N, longitude 076°22′55″ W. main in or enter the restricted area ex- (b) The regulations. (1) No persons or cept as provided in paragraph (b)(2) of vessels, recreational or commercial, this section. may enter this restricted area without (2) Nothing in the regulations of this the permission of the Commanding Of- section shall prevent the harvesting ficer, Langley Air Force Base. and cultivation of oyster beds or the (2) The Commanding Officer shall not setting of fish traps within the re- prevent persons from fulfilling their stricted area under regulations of the legal obligation to the Commonwealth Department of the Army, nor will the of Virginia with regard to oyster plant- passage of fishing vessels to or from ing ground leases that lie within the authorized traps be unreasonably inter- restricted area. The Commanding Offi- fered with or restricted. cer may, at his/her discretion, require (3) Vessels anchored in the area shall those persons and vessels working be so anchored as not to obstruct the those leases to register with the Lang- arc of visibility of Deepwater Shoals ley Air Force Base Security Officer on Light. an annual basis. Failure to comply (4) The Commanding General, Fort with this request may result in denial Eustis, Va., will, to the extent possible to access the oyster grounds until such give public notice from time to time time as the request has been complied through local news media and the with. Coast Guard’s Local Notice to Mariners (3) Persons or vessels contracted with of the schedule of intended Army use of or utilized by the Commonwealth of the restricted area. Virginia to work the oyster grounds (5) The continuation of the restricted shall give verbal notification to the area for more than 3 years after the base Security Office prior to entering date of its establishment shall be de- the restricted area. pendent upon the outcome of the con- (4) City, State and Federal law en- sideration of a request for its continu- forcement vessels may enter the re- ance submitted to the District Engi- stricted area at any time they deem neer, U.S. Army Engineer District, necessary for the enforcement of their Norfolk, Virginia, by the using agency respective laws. at least 3 months prior to the expira- (c) Enforcement. The regulations in tion of the 3 years. this section shall be enforced by the (6) The regulations in this section Commanding Officer of the Langley Air shall be enforced by the Commanding Force Base and such agencies as he/she General, Fort Eustis, Va., and such may designate. agencies as he may designate. [58 FR 47788, Sept. 10, 1993] [37 FR 4337, Mar. 2, 1972. Redesignated at 50 FR 42696, Oct. 22, 1985] § 334.280 James River between the en- trance to Skiffes Creek and Mul- § 334.285 York River and the Naval berry Point, Va.; army training and Weapons Station Yorktown- small craft testing area. Cheatham Annex, Yorktown, Vir- (a) The restricted area. Beginning on ginia; danger zone. the shore at latitude 37°09′54″ N., lon- (a) The area. The waters within an gitude 76°36′25″ W.; thence westerly to area beginning at mean high water on latitude 37°09′50″ N., longitude the shore at the facility located at lati- 76°37′45.5″ W.; thence southerly to lati- tude 37°17′33.10″ N, longitude 76°36′19.06″ tude 37°09′00″ N., longitude 76°38′05″ W.; W; then northeast to a point in the thence southerly to latitude 37°08′22″ York River at latitude 37°18′36.65″ N, N., longitude 76°37′55″ W.; thence due longitude 76°34′39.01″ W; thence south, east to the shore at latitude 37°08′22″ southeast to latitude 37°17′59.37″ N, lon- N., longitude 76°37′22″ W.; thence north- gitude 76°34′13.65″ W; then southwest to 540 VerDate Mar<15>2010 10:03 Sep 08, 2014 Jkt 232137 PO 00000 Frm 00550 Fmt 8010 Sfmt 8010 Y:\SGML\232137.XXX 232137 pmangrum on DSK3VPTVN1PROD with CFR Corps of Engineers, Dept. of the Army, DoD § 334.293 a point on the shore located at latitude Shipyard, at latitude 36°49′43.5″, lon- 37°17′26.75″ N, longitude 76°36′14.89″ W. gitude 76°17′41.5″; thence due east ap- (b) The regulations. (1) Vessels and proximately 100 feet to the western persons may transit this area at any boundary of Elizabeth River channel; time. No vessel or persons shall anchor, thence in a southerly direction along fish or conduct any waterborne activi- the western boundary of the channel to ties within the danger zone established the point where it passes through the in accordance with this regulation any draw of the Norfolk and Portsmouth time live firing exercises are being con- Belt Line Railroad Bridge, thence in a ducted. southwesterly direction along the (2) Anytime live firing is being con- northerly side of the bridge to the ducted, the person or persons in charge western shore of Southern Branch of shall display a red flag from a con- spicuous location along the shore to Elizabeth River; and thence along the signify the range is active and post shore in a northerly direction to the lookouts to ensure the safety of all ves- point of beginning. sels passing through the area. At night, (3) Southgate Terminal Area. Begin- red lights will be displayed in lieu of ning at a point at the northeast corner flags. of Southgate Terminal Annex of Nor- (3) No firing activities shall be con- folk Naval Shipyard, at latitude ducted when the visibility is less than 36°48′23″, longitude 76°17′39″; thence east the maximum range of the weapons to latitude 36°48′23″, longitude 76°17′29″; being used at the facility or while a thence southerly along the western vessel is within the danger zone. boundary of Norfolk Harbor 35-foot (4) Recreational and commercial ac- channel to latitude 36°48′04″, longitude tivities may be conducted in this area 76°17′33″; thence west to latitude anytime the range is inactive. 36°48′04″, longitude 76°17′41″; and thence (c) Enforcement. The regulations in along the shore in a northerly direc- this section shall be enforced by the tion to the point of beginning. Commander, Naval Weapons Station, (b) The regulations. (1) No vessels Yorktown, or such agencies as he or other than Naval vessels and other ves- she may designate. sels authorized to move to and from [79 FR 35050, June 19, 2014] piers at the Norfolk Naval Shipyard EFFECTIVE DATE NOTE: At 79 FR 35050, June and its two annexes described in para- 19, 2014, § 334.285 was added, effective July 21, graph (a) (1) and (3) of this section, and 2014. no person other than persons embarked in such vessels, shall enter the re- § 334.290 Elizabeth River, Southern stricted areas. Branch, Va., naval restricted areas. (2) This section shall be enforced by (a) The areas—(1) St. Helena Annex the Commander, Norfolk Naval Ship- Area. Beginning at a point at St. Hel- yard, Portsmouth, Va., and such agen- ena Annex of the Norfolk Naval Ship- cies as he may designate. yard, on the eastern shore of Southern Branch of Elizabeth River, at latitude [19 FR 2232, Apr. 17, 1954, as amended at 35 36°49′43″, longitude 76°17′26.5″; thence in FR 2660, Feb. 6, 1970. Redesignated at 50 FR a southwesterly direction to a point on 42696, Oct. 22, 1985] the eastern boundary of Norfolk Har- bor 40-foot channel at latitude 36°49′42″, § 334.293 Elizabeth River, Craney Is- longitude 76°17′33″; thence in a south- land Refueling Pier Restricted Area, Portsmouth VA; naval re- erly direction along the eastern bound- stricted area. ary of Norfolk Harbor 40-foot channel to latitude 36°49′28″, longitude 76°17′27″; (a) The area. (1) The waters within an thence easterly to the shore at latitude area beginning at a point on the shore 36°49′28″, longitude 76°17′22″; and thence, at latitude 36°53′17.4″ N, longitude northerly along the shore to the point 76°20′21″ W; thence easterly to latitude of beginning. 36°53′16.8″ N, longitude 76°20′14.4″ W: (2) Norfolk Naval Shipyard Area. Be- thence southwesterly to latitude ginning at a point on the shore at the 36°53′00″ N, longitude 76°20′18″ W; thence northeast corner of the Norfolk Naval southeasterly to latitude 36°52′55.2″ N, 541 VerDate Mar<15>2010 10:03 Sep 08, 2014 Jkt 232137 PO 00000 Frm 00551 Fmt 8010 Sfmt 8010 Y:\SGML\232137.XXX 232137 pmangrum on DSK3VPTVN1PROD with CFR.
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