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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 Maine off Seal Island, Maine; (v) Grandfathering of existing instru- naval aircraft bombing target area. ments—(1) Mitigation banking instru- 334.20 Gulf of Maine off Cape Small, Maine; ments. All mitigation banking instru- naval aircraft practice mining range area. ments approved on or after July 9, 2008 334.30 Gulf of Maine off Pemaquid Point, must meet the requirements of this Maine; naval sonobuoy test area. part. Mitigation banks approved prior 334.40 Atlantic Ocean in vicinity of Duck Is- to July 9, 2008 may continue to operate land, Maine, Isles of Shoals; naval air- under the terms of their existing in- craft bombing target area. struments. However, any modification 334.45 Kennebec River, Bath Iron Works to such a mitigation banking instru- Shipyard, naval restricted area, Bath, ment on or after July 9, 2008, including Maine. authorization of additional sites under 334.50 Piscataqua River at Portsmouth Naval Shipyard, Kittery, Maine; re- an umbrella mitigation banking instru- stricted areas. ment, expansion of an existing site, or 334.60 Cape Cod Bay south of Wellfleet Har- addition of a different type of resource bor, Mass.; naval aircraft bombing target credits (e.g., stream credits to a wet- area.

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334.70 Buzzards Bay, and adjacent waters, 334.260 York River, Va.; naval restricted Mass.; danger zones for naval operations. areas. 334.75 Thames River, Naval Submarine Base 334.270 York River adjacent to Cheatham New London, restricted area. Annex Depot, Naval Supply Center, Wil- 334.80 Narragansett Bay, RI; restricted area. liamsburg, Va.; restricted area. 334.81 Narragansett Bay, East Passage, 334.275 North and Southwest Branch, Back Coddington Cove, Naval Station New- River, Hampton, U.S. Air Force Base, port, naval restricted area, Newport, Langley, Va.; restricted area. Rhode Island. 334.280 James River between the entrance 334.82 Narragansett Bay, East Passage, to Skiffes Creek and Mulberry Point, Coasters Harbor Island, Naval Station Va.; army training and small craft test- Newport, Newport, Rhode Island, re- ing area. stricted area. 334.290 Elizabeth River, Southern Branch, 334.85 New York Harbor, adjacent to the Va.; naval restricted areas. Stapleton Naval Station, Staten Island, 334.293 Elizabeth River, Craney Island Re- New York; restricted area. fueling Pier Restricted Area, Portsmouth 334.100 Atlantic Ocean off Cape May, N.J.; VA; naval restricted area. Coast Guard Rifle Range. 334.300 Hampton Roads and Willoughby 334.102 Sandy Hook Bay, Naval Weapons Bay, Norfolk Naval Base, naval re- Station EARLE, Piers and Terminal stricted area, Norfolk, Virginia. Channel, restricted area, Middletown, 334.310 Chesapeake Bay, Lynnhaven Roads; New Jersey. navy amphibious training area. 334.110 Delaware Bay off Cape Henlopen, 334.320 Chesapeake Bay entrance; naval re- Del.; naval restricted area. stricted area. 334.120 Delaware Bay off Milford Neck; 334.330 Atlantic Ocean and connecting naval aircraft bombing target area. waters in vicinity of Myrtle Island, Va.; 334.130 Atlantic Ocean off Wallops Island Air Force practice bombing, rocket fir- and Chincoteague Inlet, Va.; danger zone. ing, and gunnery range. 334.140 Chesapeake Bay; U.S. Army Proving 334.340 Chesapeake Bay off Plumtree Island, Ground Reservation, Aberdeen, Md. Hampton, Va.; Air Force precision test 334.150 Severn River at Annapolis, Md.; ex- area. perimental test area, U.S. Navy Marine 334.350 Chesapeake Bay off Fort Monroe, Engineering Laboratory. Va.; firing range danger zone. 334.155 Severn River, Naval Station Annap- 334.360 Chesapeake Bay off Fort Monroe, olis, Small Boat Basin, Annapolis, MD; Virginia; restricted area, U.S. Naval Base naval restricted area. and Naval Surface Weapon Center. 334.160 Severn River, at U.S. Naval Acad- 334.370 Chesapeake Bay, Lynnhaven Roads; emy Santee Basin, Annapolis, Md.; naval danger zones, U.S. Naval Amphibious restricted area. Base. 334.170 Chesapeake Bay, in the vicinity of 334.380 Atlantic Ocean south of entrance to Chesapeake Beach, Md.; firing range, Chesapeake Bay off Dam Neck, Virginia; Naval Research Laboratory. naval firing range. 334.180 Patuxent River, Md.; restricted 334.390 Atlantic Ocean south of entrance to areas, U.S. Naval Air Test Center, Patux- Chesapeake Bay; firing range. ent River, Md. 334.400 Atlantic Ocean south of entrance to 334.190 Chesapeake Bay, in vicinity of Chesapeake Bay off Camp Pendleton, Bloodsworth Island, MD, U.S. Navy. Virginia; naval restricted area. 334.200 Chesapeake Bay, Point Lookout to 334.410 Albermarle Sound, Pamlico Sound, Cedar Point; aerial and surface firing and adjacent waters, N.C.; danger zones range and target area, U.S. Naval Air for naval aircraft operations. Station, Patuxent River, Maryland, dan- 334.412 Albemarle Sound, Pamilico Sound, ger zones. Harvey Point and adjacent waters, NC; 334.210 Chesapeake Bay, in vicinity of Tan- restricted area. gier Island; naval guided missiles test op- 334.420 Pamlico Sound and adjacent waters, erations area. N.C.; danger zones for Marine Corps oper- 334.220 Chesapeake Bay, south of Tangier Is- ations. land, Va.; naval firing range. 334.430 Neuse River and tributaries at Ma- 334.230 Potomac River. rine Corps Air Station Cherry Point, 334.235 Potomac River, Marine Corps Base North Carolina; restricted area and dan- Quantico (MCB Quantico) in vicinity of ger zone. Marine Corps Air Facility (MCAF), re- 334.440 New River, N.C., and vicinity; Ma- stricted area. rine Corps firing ranges. 334.240 Potomac River, Mattawoman Creek 334.450 Cape Fear River and tributaries at and Chicamuxen Creek; U.S. Naval Pro- Sunny Point Army Terminal, Brunswick pellant Plant, Indian Head, Md. County, NC; restricted area. 334.250 Gunston Cove, at Whitestone Point, 334.460 Cooper River and tributaries at Va.; U.S. Army restricted area. Charleston, SC.

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334.470 Cooper River and Charleston Harbor, 334.640 Gulf of Mexico south of Apalachee S.C.; restricted areas. Bay, Fla.; Air Force rocket firing range. 334.475 Brickyard Creek and tributaries and 334.650 Gulf of Mexico, south of St. George the Broad River at Beaufort, SC. Island, Fla.; test firing range. 334.480 Archers Creek, Ribbon Creek, and 334.660 Gulf of Mexico and Apalachicola Bay Broad River; U.S. Marine Corps Recruit south of Apalachicola, Fla., Drone Re- Depot, Parris Island, South Carolina; covery Area, Tyndall Air Force Base, danger zones. Fla. 334.490 Atlantic Ocean off Georgia Coast; 334.670 Gulf of Mexico south and west of air-to-air and air-to-water gunnery and Apalachicola, San Blas, and St. Joseph bombing ranges for fighter and bombard- bays; air-to-air firing practice range, ment aircraft, U.S. Air Force. Tyndall Air Force Base, Fla. 334.500 St. Johns River, Atlantic Ocean, 334.680 Gulf of Mexico, southeast of St. An- Sherman Creek; restricted areas and dan- drew Bay East Entrance, small- arms fir- ger zone, Naval Station Mayport, Flor- ing range, Tyndall Air Force Base, Fla. ida. 334.690 [Reserved] 334.510 U.S. Navy Fuel Depot Pier, St. 334.700 Choctawhatchee Bay, aerial gunnery Johns River, Jacksonville, Fla.; re- ranges, Air Armament Center, Eglin Air stricted area. Force Base, Fla. 334.515 Blount Island Command and Marine 334.710 The Narrows and Gulf of Mexico ad- Corps Support Facility–Blount Island; jacent to Santa Rosa Island, Head- Jacksonville, Florida restricted areas. quarters Air Armament Center, Eglin Air 334.520 Lake George, Fla.; naval bombing Force Base, Fla. area. 334.720 Gulf of Mexico, south from Choctawhatchee Bay; Missile test area. 334.525 Atlantic Ocean off John F. Kennedy 334.730 Waters of Santa Rosa Sound and Space Center, FL; restricted area. Gulf of Mexico adjacent to Santa Rosa 334.530 Canaveral Harbor adjacent to the Island, Armament Center, Eglin Air Navy pier at Port Canaveral, Fla.; re- Force Base, Fla. stricted area. 334.740 North Shore Choctawhatchee Bay, 334.540 Banana River at the Eastern Range, Eglin Air Force Base, Fla. 45th Space Wing, Cape Canaveral Air 334.742 Eglin Camp Pinchot, Fla., at Eglin Force Station, FL; restricted area. Air Force Base, Fla.; restricted area. 334.560 Banana River at Patrick Air Force 334.744 Eglin Poquito Housing at Eglin Air Base, Fla.; restricted area. Force Base, Fla.; restricted area. 334.570 Banana River near Orsino, Fla.; re- 334.746 U.S. Coast Guard, Destin Station at stricted area. Eglin Air Force Base, Fla.; restricted 334.580 Atlantic Ocean near Port Ever- area. glades, Fla. 334.748 Wynnhaven Beach, Fla., at Eglin 334.590 Atlantic Ocean off Cape Canaveral, AFB; restricted area. Fla.; Air Force missile testing area, Pat- 334.760 Naval Support Activity Panama rick Air Force Base, Fla. City and Alligator Bayou, a tributary of 334.595 Atlantic Ocean off Cape Canaveral; St. Andrew Bay, Fla.; naval restricted 45th Space Wing, Cape Canaveral Air area. Force Station, FL; restricted area. 334.761 Naval Support Activity Panama 334.600 TRIDENT Basin adjacent to Canav- City; St. Andrews Bay; restricted areas. eral Harbor at Cape Canaveral Air Force 334.762 Naval Support Activity Panama Station, Brevard County, Fla.; danger City; North Bay and West Bay; restricted zone. areas. 334.605 Meloy Channel, U.S. Coast Guard 334.763 Naval Support Activity Panama Base Miami Beach, Florida; restricted City; Gulf of Mexico; restricted area. area. 334.770 Gulf of Mexico and St. Andrew 334.610 Key West Harbor, at U.S. Naval Sound, south of East Bay, Fla., Tyndall Base, Key West, Fla.; naval restricted Drone Launch Corridor, Tyndall Air areas and danger zone. Force Base, Fla.; restricted area. 334.620 Straits of Florida and Florida Bay in 334.775 Naval Air Station Pensacola, Pensa- vicinity of Key West, Fla.; operational cola Bay, Pensacola and Gulf Breeze, training area, aerial gunnery range, and Fla.; naval restricted area. bombing and strafing target areas, Naval 334.778 Pensacola Bay and waters contig- Air Station, Key West, Fla. uous to the Naval Air Station, Pensa- 334.630 Tampa Bay south of MacDill Air cola, FL; restricted area. Force Base, Fla.; small-arms firing range 334.780 Pensacola Bay, Fla.; seaplane re- and aircraft jettison, U.S. Air Force, stricted area. MacDill Air Force Base. 334.782 SUPSHIP Gulf Coast, Pascagoula, 334.635 Hillsborough Bay and waters contig- Mississippi, Detachment Mobile, Ala- uous to MacDill Air Force Base, Fla.; re- bama at AUSTAL, USA, Mobile, Ala- stricted area. bama; restricted area.

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

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

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

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

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

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

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

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western edge of the dredged channel to the Naval Submarine Base, New Lon- a point at latitude 41°24′00″ N, lon- don, Connecticut. The registration gitude 72°05′52.6″ W then southerly numbers may be obtained by con- along the western edge of the dredged tacting the Commanding Officer, Naval channel to a point located at latitude Submarine Base New London. All com- 41°23′57.1″ N, longitude 72°05′52.5″ W mercial fishermen and shell fishermen then southerly to buoy ‘‘11’’ located at must also leave the restricted area a point at latitude 41°23′45.6″ N, lon- when notified by personnel of the New gitude 72°05′53.7″ W then southerly to London Submarine Base that such use buoy ‘‘B’’ on the northeastern shore of will interfere with submarine Mamacoke Hill to a point at latitude maneuevering, operations or security. 41°23′33.8″ N, longitude 72°05′53.7″ W (3) Vessels which are owned, operated then southerly along the shore to buoy or sponsored by local, state municipali- ‘‘A at latitude 41°23′25.0″ N, longitude ties or academic institutions preparing 72°05′45.4″ W then southeasterly to buoy for or participating in a water sport or ‘‘9’’ at a point located at latitude water related recreational event spon- 41°23′15.0″ N, longitude 72°05′35.0″ W sored by those local or state munici- then easterly to a point on the eastern palities or academic institutions, or shore at latitude 41°23′15.0″ N, longitude private or commercial vessels engaged 72°05′17.9″ W then northerly along the in observing the conduct of the above shore to a point on the eastern shore at event shall be exempt from the restric- latitude 41°23′15.8″ N, longitude tions above, providing: ° ′ ″ 72 05 17.9 W then along the following (i) The Commanding Officer, Naval points: Submarine Base New London, and the Latitude Longitude Coast Guard Captain of the Port are advised in writing at least 48 hours in 41°23′15.8″ N 72°05′22.0″ W advance of the event, or 41°23′25.9″ N 72°05′29.9″ W 41°23′33.8″ N 72°05′34.7″ W (ii) The event was publicized in such 41°23′37.0″ N 72°05′38.0″ W a manner that the local public in gen- 41°23′41.0″ N 72°05′40.3″ W eral had a reasonable opportunity to 41°23′47.2″ N 72°05′42.3″ W learn of the event 48 hours in advance. 41°23′53.8″ N 72°05′43.7″ W 41°23′59.8″ N 72°05′43.0″ W (4) The regulations in this section 41°24′12.4″ N 72°05′43.2″ W shall be enforced by the Commander, U.S. Naval Submarine Base New Lon- Then to the point of beginning on the east- don, Connecticut, and such agencies as ern shore. he/she may designate. (b) The regulations. (1) Vessels and [53 FR 47802, Nov. 28, 1988, as amended at 54 other watercraft within the designated FR 7033, Feb. 16, 1989; 62 FR 17552, Apr. 10, navigation channel may proceed 1997] through the restricted area at normal operating speeds without stopping. § 334.80 Narragansett Bay, RI; re- Vessels and watercraft may also utilize stricted area. the water area within the restricted (a) Beginning at a point on the east area located between the western edge shore of Conanicut Island at latitude of the designated channel and the west- 41°33′15″; thence southeasterly to lati- ern shore for fishing, anchoring and tude 41°32′44″, longitude 71°21′17″; thence other recreational uses. However, all southerly to latitude 41°32′09″, lon- persons, vessels and watercraft, except gitude 71°21′17″; thence southeasterly to U.S. military personnel and vessels latitude 41°31′50″, longitude 71°21′10″; must leave the restricted area when thence southeasterly to latitude notified by personnel of the New Lon- 41°31′26″, longitude 71°20′33″ thence eas- don Submarine Base that such use will terly to latitude 41°31′27″, longitude interfere with submarine maneuvering, 71°20′06″ thence northerly to a point on operations or security. the southwesterly shore of Prudence Is- (2) Commercial fishermen and shell land at latitude 41°35′00″, thence north- fishermen may fish within the re- erly along the southwesterly shore of stricted area provided their vessels dis- Prudence Island to a point at latitude play registration numbers issued by 41°35′43″ longitude 71°20′15 5″; thence

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northwesterly to latitude 41°37′21″, lon- § 334.82 Narragansett Bay, East Pas- gitude 71°20′48″; thence west to latitude sage, Coasters Harbor Island, Naval 41°37′21″ longitude 71°21′48″; and thence Station Newport, Newport, Rhode south to latitude 41°33′54″, longitude Island, restricted area. 71°21′48″. (a) The area. The waters within a ‘‘C- (b) The Regulations. (1) No person or shaped’’ area adjacent to and sur- vessel shall at any time, under any cir- rounding Coasters Harbor cumstances, anchor or fish or tow a Island beginning at Coddington Point drag of any kind in the prohibited area at latitude 41°31′24.0″ N, longitude because of the extensive cable system 71°19′24.0″ W; thence west southwest to located therein. latitude 41°31′21.5″ N, longitude (2) Orders and instructions issued by 71°19′45.0″ W; thence south southwest to patrol craft or other authorized rep- latitude 41°31′04.2″ N, longitude resentatives of the enforcing agency 71°19′52.8″ W; thence due south to lati- shall be carried out promptly by per- 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- land shoreline to the point of origin. [33 FR 4464, Mar. 13, 1968. Redesignated at 50 (b) The regulation. All persons, swim- FR 42696, Oct. 22, 1985; 58 FR 37608, July 12, mers, vessels and other craft, except 1993; 62 FR 17552, Apr. 10, 1997] those vessels under the supervision or contract to local military or Naval au- § 334.81 Narragansett Bay, East Pas- thority, vessels of the United States sage, Coddington Cove, Naval Sta- tion Newport, naval restricted area, Coast Guard, and Federal, local or Newport, Rhode Island. State law enforcement vessels, are pro- hibited from entering the restricted (a) The area. All of the navigable areas without permission from the waters of Coddington Cove east of a Commanding Officer Naval Station line that connects Coddington Point at Newport, USN, Newport, Rhode Island ° ′ ″ latitude 41 31 24.0 N, longitude or his/her authorized representative. ° ′ ″ 071 19 24.0 W; with the outer end of the (c) Enforcement. (1) The regulation in Coddington Cove Breakwater on the this section, promulgated by the north side of the cove at latitude United States Army Corps of Engi- ° ′ ″ ° ′ ″ 41 31 55.7 N, longitude 071 19 28.2 W. neers, shall be enforced by the United (b) The regulation. All persons, swim- States Navy, Commanding Officer mers, vessels and other craft, except Naval Station Newport, Newport, those vessels under the supervision or Rhode Island and/or other persons or contract to local military or Naval au- agencies as he/she may designate. thority, vessels of the United States Coast Guard, and local or state law en- [69 FR 35519, June 25, 2004] forcement vessels, are prohibited from § 334.85 New York Harbor, adjacent to entering the restricted area without the Stapleton Naval Station, Staten specific permission from the Com- Island, New York; restricted area. manding Officer, Naval Station New- (a) The waters of New York port, USN, Newport, Rhode Island or The area. Harbor beginning at a point on shore at his/her authorized representative. latitude 40°38′02″ N, longitude 074°04′24″ (c) Enforcement. The regulation in W; thence easterly to latitude this section, promulgated by the 40°38′02.5″ N, longitude 074°04′09″ W; United States Army Corps of Engi- thence southerly to latitude 40°37′53″ N, neers, shall be enforced by the United longitude 074°04′07″ W; thence east- States Navy, Commanding Officer southeasterly to latitude 40°37′50″ N, Naval Station Newport, and/or such longitude 074°03′50.2″ W; thence south- agencies or persons as he/she may des- southeasterly to latitude 40°37′37.5″ N, ignate. longitude 074°03′46″ W; thence south- [67 FR 65313, Oct. 24, 2002] westerly to the shore line at latitude

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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″ sels only. Vessels shall proceed across W; thence to the area by the most direct route and Latitude 40°27′39.3″ N, longitude 074°02′38.3″ without unnecessary delay. For vessels W; thence to under sail, necessary tacking shall con- Latitude 40°27′28.5″ N, longitude 074°02′10.4″ stitute a direct route. W; thence to (3) Commercial vessels at anchor will Latitude 40°26′29.5″ N, longitude 074°02′51.2″ be permitted to swing into the seaward W; thence to portion of the restricted area while at Latitude 40°26′31.4″ N, longitude 074°02′55.4″ anchor and during the tide changes. W; thence to ° ′ ″ ° ′ ″ (c) Enforcement. The regulations in Latitude 40 25 27.1 N, longitude 074 03 39.7 W longitude; this section shall be enforced by the and thence along the shoreline to the point Commanding Officer, Naval Station of origin (NAD 83). New York, and such agencies as he/she shall designate. The Department of the Navy plans to [56 FR 5300, Feb. 8, 1991] install buoys along these coordinates to outline the Restricted Area. § 334.100 Atlantic Ocean off Cape May, (b) The regulation. (1) Except as set N.J.; Coast Guard Rifle Range. forth in subparagraph (b)(2), no per- (a) The danger zone. The waters of the sons, unauthorized vessels or other un- Atlantic Ocean within an area de- authorized craft may enter the re- scribed as follows: Beginning at Cape stricted area at any time; May West Jetty Light; thence 180° (2) Vessels are authorized to cross the true, 800 yards; thence 250° true, 1,325 Terminal Channel provided that there yards; and thence 335° true to the shore are no naval vessels then transiting the line. channel bounded by: (b) The regulations. (1) No person or vessel shall enter or remain in the dan- Latitude 40°27′41.7″ N, longitude 074°02′45.0″ ger area between sunrise and sunset W; thence to Latitude 40°28′23.5″ N, longitude 074°02′16.6″ daily, except as authorized by the en- W; thence to forcing agency. Latitude 40°28′21.2″ N, longitude 074°01′56.0″ (2) The regulations in this section W; thence to shall be enforced by the Commander, Latitude 40°28′07.9″ N, longitude 074°02′18.6″ Third Coast Guard District, or his au- W; thence to thorized representative. Latitude 40°27′39.3″ N, longitude 074°02′38.3″ W); and (3) No person may swim in the Re- [25 FR 12244, Nov. 30, 1960. Redesignated at 50 stricted Area. FR 42696, Oct. 22, 1985, as amended at 62 FR 17552, Apr. 10, 1997] (c) Enforcement. The regulation in this section, promulgated by the U.S. § 334.102 Sandy Hook Bay, Naval Army Corps of Engineers, shall be en- Weapons Station EARLE, Piers and Terminal Channel, restricted area, forced by the Commanding Officer, Middletown, New Jersey. Naval Weapons Station Earle, and/or other persons or agencies as he/she (a) The area. All of the navigable may designate. waters within the area bounded by these coordinates: [68 FR 37971, June 26, 2003]

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§ 334.110 Delaware Bay off Cape Hen- lops Island defined by lines drawn as lopen, Del.; naval restricted area. follows: Beginning at latitude 37°53′00″ ° ′ ″ (a) The area. Beginning at a point on N, longitude 75 29 48 W; thence to lati- the south shore of Delaware Bay at tude 37°53′03″ N, longitude 74°50′52″ W; longitude 75°06′12″; thence to latitude thence to latitude 37°38′28″ N, longitude 38°47′25″, longitude 75°06′20″; thence to 74°51′48″ W; thence to latitude 37°22′00″ latitude 38°47′48″, longitude 75°06′00″; N, longitude 75°09′35″ W; thence to lati- thence to latitude 38°50′43″, longitude tude 37°19′11″ N, longitude 75°30′00″ W; 75°02′11″; thence to latitude 38°49′16″, thence to latitude 37°47′57″ N, longitude longitude 74°59′35″; thence to a point on 75°32′19″ W; and thence to latitude the shore at latitude 38°46′09″; thence 37°53′00″ N, longitude 75°29′48″ W. northwesterly and southwesterly along (b) The regulations. (1) Persons and the shore at Cape Henlopen to the vessels shall only be prohibited from point of beginning. entering the area when launch oper- (b) The regulations. (1) Anchoring, ations are being conducted. trawl fishing, crabbing, dragging, grap- (2) In advance of scheduled launch op- pling, and towing with hawser on bot- erations which, in the opinion of the tom are prohibited in the area and no enforcing agency, may be dangerous to object attached to a vessel shall be persons and watercraft, appropriate placed on or near the bottom. warnings will be issued to navigation (2) This section does not apply to an- interests through official government chored floating navigational aids or to and civilian channels or in such other placement or removal of such aids by manner as the District Engineer, U.S. the Coast Guard. Army Corps of Engineers, may direct. (3) This section does not apply to ves- Such warnings will specify the loca- sels engaged in commercial or pleasure tion, time, and duration of operations, boat fishing provided anchors, trawls, and give other pertinent information and ground tackle are not used. as may be required in the interests of (4) The regulations in this section safety. Announcement of area of clo- shall be enforced by the Commandant, sure will appear in the weekly ‘‘Notice Fourth Naval District, and such agen- to Mariners.’’ cies as he may designate. (3) The intent to conduct rocket- [18 FR 4047, July 10, 1953. Redesignated at 50 launching operations in the area shall FR 42696, Oct. 22, 1985] also be indicated by visual signals con- sisting of a large orange-colored § 334.120 Delaware Bay off Milford ‘‘blimp-shaped’’ balloon by day and a Neck; naval aircraft bombing target rotating alternately red and white bea- area. con by night. The balloon shall be (a) The danger zone. A circular area of flown at latitude 37°50′38″ N, longitude one nautical mile radius having its 75°28′47″ W and the beacon shall be dis- center in Delaware Bay at latitude played about 200 feet above mean high 38°58′12″, longitude 75°17′30″. water at latitude 37°50′16″ N, longitude (b) The regulations. (1) Anchoring, 75°29′07″ W. The appropriate signals trawling, crabbing, fishing and drag- shall be displayed 30 minutes prior to ging in the danger zone are prohibited rocket-launching time and shall re- during daylight hours. main displayed until the danger no (2) The regulations in this section longer exists. shall be enforced by the Commandant, (4) In addition to visual signals and Fourth Naval District, and such agen- prior to conducting launch operations, cies as he may designate. the area will be patrolled by aircraft or [20 FR 563, Jan. 26, 1955. Redesignated at 50 surface vessels and monitored by ra- FR 42696, Oct. 22, 1985] dars and cameras to ensure no persons or watercraft are within the danger § 334.130 Atlantic Ocean off Wallops Is- zone or designated area of interest land and Chincoteague Inlet, Va.; within the danger zone. Patrol aircraft danger zone. and surface vessels are equipped with (a) The area. An area immediately be- marine band radios and may attempt hind and directly offshore from Wal- to hail watercraft and request that

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they leave the designated area and re- known as Plum Point; thence south- main clear of the area at a safe dis- easterly along the low water mark on tance until launch operations are com- the shore of Chesapeake Bay to and plete, and launch will not occur until across the north entrance of Spesutie the designated area is clear. Patrol air- Narrows to and thence along the low craft may also employ the method of water mark on the north shore of warning known as ‘‘buzzing’’ which Spesutie Island to Locust Point; thence consists of low flight by the airplane along straight line from Locust Point and repeated opening and closing of the to Turkey Point for a distance of ap- throttle. Surveillance vessels may also proximately 1,400 yards; thence fol- come close to watercraft and employ lowing a line parallel with and 1,000 flashing light to establish communica- yards from the low water mark on the tions to indicate that the watercraft is easterly shore of Spesutie Island to a entering the designated hazard area. point 1,000 yards due southeast of (5) Any watercraft being so warned Sandy Point; thence approximately shall immediately leave the designated southwest in a straight line to a point area until the conclusion of launch op- approximately 1,250 yards S. 10°30′ W. erations, and shall remain at a dis- from Bear Point; thence approximately tance to ensure that it will be safe 9,275 yards S. 51°04′ W. to a point in from falling debris. Chesapeake Bay about 1,700 yards due (6) Nothing in this regulation shall be east from Taylor Island Point; thence intended to prevent commercial fishing southwesterly in a straight course, ex- or the lawful use of approved waterfowl cept such variations as may be nec- hunting blinds along the shorelines of essary to include all of Pooles Island to the Wallops Flight Facility at Wallops the southwesterly point of Pooles Is- Island, Virginia, provided that all nec- land, thence in a northwesterly direc- essary licenses and permits have been tion to the most southwesterly point of obtained from the Virginia Marine Re- Spry Island, including all of Spry Is- sources Commission, Virginia Depart- land; thence northwesterly in a ment of Game and Inland Fisheries, straight line to extreme southerly is- and U.S. Fish and Wildlife Service. land off Lower Island Point; thence Commercial fishermen and waterfowl northwesterly in a straight line hunters must observe all warnings and through Brier Point to a point in Sen- range clearances during hazardous eca Creek where this line intersects a range operations. straight line which passes through (c) Enforcement. The regulations in monuments No. 124 and No. 125 on this section shall be enforced by the westerly part of Carroll Island; thence Director, National Aeronautics and northeasterly in a straight line passing Space Administration, Goddard Space through Marshy Point, at the junction Flight Center, Wallops Flight Facility of Dundee Creek and Saltpeter Creek, Wallops Island, Va., or such agencies as to the intersection of the center line of he or she may designate. Reardon Inlet with Gunpowder River, [77 FR 61722, Oct. 11, 2012] except such variations as may be nec- essary to exclude any and all parts of § 334.140 Chesapeake Bay; U.S. Army the point of land on the westerly side Proving Ground Reservation, Aber- of Gunpowder River about one mile deen, Md. south of Oliver Point; thence northerly (a) Restricted area defined. The fol- along the center line of Reardon Inlet lowing indicates the limits of the to its intersection with the southeast- waters of or adjacent to the Aberdeen erly line of the right of way of the Proving Ground, Maryland, and inside Pennsylvania Railroad; thence north- of which boundaries will lie the re- east along the Pennsylvania Railroad stricted area known as the Aberdeen following the reservation boundary line Proving Ground, Maryland. to shore of Bush River, and along its (1) Beginning at a point on the west- western shore to Fairview Point; erly side of Chesapeake Bay, at the thence northeast in a straight line south side of the mouth of Swan Creek, across Bush River to concrete monu- Harford County, Maryland, the most ment No. 64, located on the eastern northerly point of the reservation shore of Bush River, south of Chelsea;

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thence along the eastern shore of Bush (ii) Weekends, 5 p.m. Friday to 7:30 River northerly to the mouth of Sod a.m. Monday; Run; thence by a broken line along the (iii) National (not state) holidays, 5 boundary of the reservation to Swan p.m. the day preceding the holiday to Creek; and thence in a straight line to 7:30 a.m. the day following the holiday. Plum Point. (The above description (3) When requirements of tests, as de- may be traced on Coast and Geodetic termined by the Commanding Officer, Chart No. 1226). Aberdeen Proving Ground, or his des- (b) Authority delegated Commanding ignee, necessitate closing the re- Officer. The Commanding Officer, Aber- stricted areas during the aforemen- deen Proving Ground, has been dele- tioned times and days, the Com- gated the authority by the Secretary of manding Officer, Aberdeen Proving the Army to designate from time to Ground, will publish appropriate circu- time by suitably posted bulletins or an- lars or cause to be broadcast over local nouncements, the conditions under radio stations notices informing the which the public, including food fisher- public of the time and days which en- men and crabbers, may enter restricted trance to the restricted waters of Aber- waters of the Aberdeen Proving deen Proving Ground by the general Ground. public will be prohibited. (c) Penalty. All persons who enter the (4) A fleet of patrol boats will be posi- restricted waters, except as authorized tioned at the perimeter of the re- in this section, without the authority stricted water zone boundaries (except of the Commanding Officer, Aberdeen in extreme weather conditions such as Proving Ground, Md., are under the gales or ice) during periods of testing terms of the information given above, to prevent unauthorized entry. If nec- guilty of a misdemeanor and upon con- essary to attract attention of another viction thereon are punishable by a vessel about to penetrate the restricted fine not exceeding $500 or by imprison- area, the patrol boat may operate a ment not exceeding 6 months. distinctive rotating blue and red light, (d) Entrance into restricted waters by public address system, sound a siren, or the public. (1) The following water areas by radio contact on shipshore FM are closed to the public at all times: channel 16 and citizen band channel 12. (i) Supesutie Narrows—all waters Buoys will mark the restricted waters north and east of a line between Bear along the Chesapeake Bay perimeter Point and Black Point; during the period, normally 4 June (ii) All creeks except Landerick through 1 October annually. Creek; (5) Authorized use. Authorized use as (iii) The water adjacent to Carroll Is- used in this section is defined as fish- land which lies between Brier Point ing from a vessel, navigation using a and Lower Island Point also known as vessel to traverse a water area or an- Hawthorne Cove; choring a vessel in a water area. Any (iv) The waters immediately off the person who touches any land, or docks mouth of Romney Creek; or grounds a vessel, within the bound- (v) The waters adjacent to Abbey aries of Aberdeen Proving Ground, Point Recovery Field more accurately Maryland, is not using the area for an described as area number 16; depicted authorized use and is in violation of in Aberdeen Proving Ground Regula- this regulation. Further, water skiing tion 210–10, Appendix A. in the water area of Aberdeen Proving (vi) The waters on the north side of Ground is permitted as an authorized the Bush River from Pond Point to use when the water area is open for use Chelsea Chimney are closed for fishing by the general public providing that no purposes. water skier touches any land, either (2) The remainder of the restricted dry land (fast land) or subaqueous land areas will normally be open for author- and comes no closer then 200 meters ized use (including navigation and fish- from any shoreline. Further, if any per- ing) during the following hours: son is in the water area of Aberdeen (i) Monday through Thursday, 5 p.m. Proving Ground, Maryland, outside of to 7:30 a.m.; any vessel (except for the purposes of

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water skiing as outlined above) includ- mits to fish or crab within the re- ing, but not limited to, swimming, stricted waters of Aberdeen Proving scuba diving, or other purpose, that Ground Reservation with fixed nets person is not using the water in an au- must at each location have a stake se- thorized manner and is in violation of curely driven at the outer end of the this regulation. line of nets on which is mounted a sign (e) Entry onto land and limitation of board which contains their name and firing over land. (1) Entry onto any permit number. All stakes set within land, either dry land (fast land) or sub- the restricted area established by this aqueous land, within the boundaries of regulation will project at least three the Aberdeen Proving Ground Reserva- (3) feet above the surface of the water tion as defined in paragraph (a)(1) of at all ordinary high stages of the tide. this section is prohibited at all times. Nets and other fishing and crabbing Provided, the Commander, Aberdeen Proving Ground, is authorized to grant structures erected will be marked by exceptions to this regulation either by stakes set at intervals not greater than written permission or by local regula- fifty (50) feet. Fishing and crabbing tion. Entry onto the land is punishable structures erected in Aberdeen Proving as in paragraph (c) of this section. Ground waters will be plainly marked (2) There are no limitations on test on both ends, and will be lighted with firing by Federal testing facilities at a white light between sunset and sun- Aberdeen Proving Ground over land be- rise, by and at the expense of the longing to Aberdeen Proving Ground. owner. (f) Permits required from the Com- (h) Removal of pound net poles and/or manding Officer to set fixed nets in re- stakes. At the end of the fishing and stricted waters. (1) Fishermen and crabbing season, fishermen and crabbers desiring to set fixed nets with- crabbers must remove and haul away in the restricted waters of Aberdeen from the location all pound nets, pots, Proving Ground Reservation are re- poles or stakes used in their operation. quired in every instance to have a writ- Pound net poles or stakes must not be ten permit. A fixed net for the purpose cast adrift after removal. of this paragraph is defined as a pound (i) Restrictions on fishermen and net, staked gill net, hedge fike net, crabbers. It must be distinctly under- hoop net, eel pot, crab pot, and all stood that holders of permits to fish or other types of nets fastened by means crab are not authorized to enter the re- of poles, stakes, weights, or anchors. Permits to fish and crab within the re- stricted waters of Aberdeen Proving stricted waters of Aberdeen Proving Ground Reservation outside the hours Ground may be obtained by written ap- as announced by the Commanding Offi- plication to the Commanding Officer, cer, Aberdeen Proving Ground. In addi- Department of the Army, Aberdeen tion, the privileges granted in this Proving Ground, Attention: Provost paragraph include no right to land nor Marshall Division, Aberdeen Proving to cut or procure pound net poles or Ground, Md. Applicants for permits stakes on the Aberdeen Proving must state the location at which they Ground Reservation. desire to set fixed nets and state the (j) Aberdeen Proving Ground Regula- period of time for which they desire the tions (APGR) 210–10 will govern com- permit to cover. Nets placed in the re- mercial fishing and crabbing and APGR stricted waters are subject to damage 210–26 will govern recreational (non- by gunfire and bombing, and the risk of commercial) fishing and crabbing. This such damage will be assumed by the section shall be enforced by the Com- holder of the permit. mander, Aberdeen Proving Ground, and (2) Holders of permits for setting such agencies as he/she may designate. fixed nets must comply with the provi- (k) Compliance with Federal, State and sions of this part and also with county laws required. The taking of fish § 206.50(d) of this chapter. and crabs in the waters of Aberdeen (g) Identification signs required at each location of fixed nets. Fishermen and Proving Ground Reservation and the crabbers who have been granted per- setting of and location of nets, in a

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manner not in compliance with Fed- basin and adjacent waters of the Sev- eral, State, and county laws is prohib- ern River enclosed by a line beginning ited. at the southeast corner of the U.S. Navy Marine Engineering Laboratory; (40 Stat. 266; 33 U.S.C. 3) thence to latitude 38°58′56.5″, longitude [13 FR 6915, Nov. 24, 1948, and 32 FR 15673, 76°28′11.5″; thence to latitude 38°58′50.5″, Nov. 14, 1967, as amended at 42 FR 41281, Aug. longitude 76°27′52″; thence to the south- 16, 1977; 48 FR 54597, Dec. 6, 1983. Redesig- east corner of the Naval Station’s sea- nated at 50 FR 42696, Oct. 22, 1985] wall. § 334.150 Severn River at Annapolis, (b) The regulations. No person, vessel Md.; experimental test area, U.S. or other craft shall enter or remain in Navy Marine Engineering Labora- the restricted area at any time except tory. as authorized by the enforcing agency. (a) The restricted area. The waters of (c) Enforcement. The regulations in Severn River shoreward of a line begin- this section shall be enforced by the ning at the southeasternmost corner of Superintendent, U.S. Naval Academy, the U.S. Navy Marine Engineering Lab- in Annapolis, Maryland, and such agen- oratory sea wall and running thence cies as he/she may designate. southwesterly perpendicular to the [63 FR 68140, Dec. 9, 1998] main Severn River channel, approxi- mately 560 feet, thence northwesterly § 334.160 Severn River, at U.S. Naval parallel to and 50 feet shoreward of the Academy Santee Basin, Annapolis, edge of the channel, 1,035 feet, and Md.; naval restricted area. thence northeasterly perpendicular to (a) The area. The waters within the the channel, approximately 600 feet, to U.S. Naval Academy Santee Basin and the shore. Spar buoys will mark the adjacent waters of Severn River in- 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 [32 FR 10299, July 13, 1967. Redesignated at 50 the area and remain outside the area FR 42696, Oct. 22, 1985] during the period of use. (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- (2) Area B. The sector of a circle napolis, MD; naval restricted area. 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

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Buoy 2), respectively, from the center § 334.180 Patuxent River, Md.; re- at the southeast corner of building No. stricted areas, U.S. Naval Air Test 3; excluding Area A. Center, Patuxent River, Md. (3) Area C. The segment of a circle in- (a) Except in the gut off the tip of closed by the arcs of two circles having Point Patience, no person in the water radii of 9,600 yards and 13,200 yards, re- and no craft shall approach closer than spectively, and bounded by the ex- 75 yards to the beaches, shoreline, or tended radii marking the north and piers of the area formerly occupied by south limits of Area B. the U.S. Naval Mine Warfare Test Sta- NOTE: All bearings referred to true merid- tion, or of U.S. Naval Air Station prop- ian. erty. A person in the water or a civil- (4) Area D. A roughly rectangular ian craft shall not approach rafts, area bounded on the north by an east- barges, or platforms closer than 100 west line through Chesapeake Beach yards. Light 2 at the entrance channel to (b) Diving tenders will exhibit a Fishing Creek; on the south by an east- square red flag with white X when un- west line through Plum Point Shoal derwater diving takes place from naval Buoy 1 northeast from Breezy Point; on small craft. At such times, persons in the east by the established fishing the water and civilian craft shall stay structure limit line; and on the west by at least 200 yards clear of these vessels the shore of Chesapeake Bay. and the civilian craft shall proceed at a (b) The regulations. (1) No person or speed not greater than five knots when vessel shall enter or remain in Area A within 1,000 yards thereof. at any time. (c) On occasions, seaplane landings (2) No person or vessel shall enter or and takeoffs will be practiced in the remain in Area B or Area C between the hours of 1:00 p.m. and 5:00 p.m. seadrome area north of the U.S. Naval daily except Sundays, except that Air Station, Patuxent River. This area through navigation of commercial includes those waters of the Patuxent craft will be permitted in Area C at all River between Town Point and Hog times, but such vessels shall proceed on Point shoreward of a line described as their normal course and shall not delay follows: Beginning at a point on the their progress. shore just west of Lewis Creek, bearing ° ′ (3) No fishing structures, other than 161 30 true, 2,000 yards from Patuxent those presently in established loca- River Light 8; thence to a point bear- tions, which may be maintained, will ing 130° true, 1,850 yards from Patuxent be permitted to be established in Area River Light 8; thence to a piont bear- D without specific permission from the ing 247°30′ true, 3,650 yards from Drum Commanding Officer, Naval Research Point Light 2; thence to point bearing Laboratory. 235° true, 2,060 yards from Drum Point (4) The areas will be in use through- Light 2; thence to a point bearing 129° out the year, and no further notice is true, 700 yards from Drum Point Light contemplated that firing is continuing. 2; thence to a point bearing 137° true, (5) Prior to the conduct of each firing 1,060 yards from Drum Point Light 2; practice a patrol vessel will patrol the and thence to a point on the shore west range to warn navigation. ‘‘Baker’’ will of Harper Creek entrance, bearing be flown from a conspicuous point on 158°30′ true, 1,900 yards from Drum the patrol vessel and from a prominent Point Light 2. position on shore. (d) The regulations in this section (6) This section shall be enforced by shall be enforced by the Commanding the Commander, Naval Base, Norfolk, Officer, U.S. Naval Air Station, Patux- Virginia, and such agencies as he/she ent River, Md., and such agencies as he may designate. may designate. [13 FR 6916, Nov. 24, 1948, as amended at 17 [30 FR 4198, Mar. 31, 1965, as amended at 48 FR 4832, May 28, 1952; 48 FR 54597, Dec. 6, FR 54598, Dec. 6, 1983. Redesignated at 50 FR 1983. Redesignated at 50 FR 42696, Oct. 22, 42696, Oct. 22, 1985] 1985, as amended at 62 FR 17552, Apr. 10, 1997]

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§ 334.190 Chesapeake Bay, in vicinity (5) All persons, vessels, or other craft of Bloodsworth Island, MD, U.S. shall clear the area when warned by pa- Navy. trol vessels. (a) The areas—(1) Prohibited area. All (6) Patrol vessels will provide warn- waters within a circle 0.5 miles in ra- ing that a potentially hazardous test or dius with its center at latitude training event is in progress or is about 38°10′00″, longitude 76°06′00″; to commence; when so warned, fishing Bloodsworth Island, Pone Island, or oystering vessels or other craft not Northeast Island, and Adams Island. directly connected with the event shall (2) The danger zone. All waters of not navigate within the danger zone. Chesapeake Bay and Tangier Sound Deep-draft vessels proceeding in estab- within an area bounded as follows: Be- lished navigation channels normally ginning at latitude 38°08′15″, longitude will be permitted to traverse the area 76°10′00″; thence to latitude 38°12′00″, upon coordination with range patrol longitude 76°10′00″; thence to latitude vessels. The patrol vessels will ensure 38°12′00″, longitude 76°07′00″; thence to safe separation between all non-partic- latitude 38°13′00″, longitude 76°06′00″; ipant vessels and potentially hazardous thence to latitude 38°13′00″, longitude operations. ° ′ ″ ° ′ ″ 76 04 00 ; thence to latitude 38 12 00 , (7) When potentially hazardous test- ° ′ ″ longitude 76 02 00 ; thence to latitude ing or training is not in progress or is ° ′ ″ ° ′ ″ 38 12 00 , longitude 76 00 00 ; thence to not about to commence, oystering and ° ′ ″ ° ′ ″ latitude 38 08 15 , longitude 76 00 00 ; fishing boats and other craft may oper- thence to the point of beginning, ex- ate within the danger zone. cluding the prohibited area described (8) All potentially hazardous test or in paragraph (a)(1) of this section. training events will be performed in (b) The regulations. (1) No person, ves- such a way as to contain the hazard sel or other craft shall approach closer footprint to the established danger than 75 yards to the beaches, shoreline, or piers of Bloodsworth Island, Pone Is- zone described in paragraph (a) of this land, Northeast Island, Adams Island, section. Naval authorities will not be or any Patuxent River Naval Air Sta- responsible for damage to nets, traps, tion property at any time unless au- buoys, pots, fish pounds, stakes, or thorized to do so by the enforcing agen- other equipment that may be located cy. No person, vessel or other craft within the danger zone. shall approach rafts, barges, or plat- (9) Nothing in this regulation shall be forms closer than 100 yards. intended to prevent the lawful use of (2) No person, vessel, or other craft approved waterfowl hunting blinds shall enter or remain in the danger along the shorelines of Bloodsworth Is- zone when notified by the enforcing au- land range complex, provided that all thority to keep clear. Any watercraft necessary licenses and permits have under way or at anchor, upon being so been obtained from the Maryland De- warned, shall immediately vacate the partment of Natural Resources and the area and shall remain outside the area completed copy of the permit has been until conclusion of potentially haz- submitted to the Conservation Division ardous test or training events. Director at NAS Patuxent River. Wa- (3) The area will be in use intermit- terfowl hunters must observe all warn- tently throughout the year. ings and range clearances, as noted (4) Prior to the commencement of herein. any potentially hazardous test or (10) The regulations in this section training event that requires clearing of shall be enforced by the Commander, non-participant boats from the danger Naval Air Station Patuxent River, zone, surface or air search of the entire Maryland, and such agencies as he/she area will be made for the purpose of lo- may designate. cating and warning all craft and per- sons not connected with the test or [72 FR 65668, Nov. 23, 2007] training event, and a patrol will be maintained throughout the duration of the event.

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

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

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

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contrary by the patrol boat. Unless in- ances, as noted herein. Federal, State structed to the contrary by the patrol and local law enforcement agencies are boat, small craft navigating up or down exempt from the provisions of para- the Potomac River during hazardous graph (a) of this section. operations shall proceed outside of the (b) Accotink Bay, Accotink Creek, and northeastern boundary of the Middle Pohick Bay; U.S. Military Reservation, Danger Zone. All craft desiring to Fort Belvoir, Va.—(1) The danger zone. enter the Middle Danger Zone when The waters of Accotink Bay, Accotink proceeding in or out of Upper Creek, and Pohick Bay, Virginia, with- Machodoc Creek during hazardous op- in and adjacent to the target ranges of erations will be instructed by the pa- the U.S. Military Reservation, Fort trol boat; for those craft that desire to Belvoir, as follows: All of Accotink proceed in or out of Upper Machodoc Creek on a course between the western Bay; all of Accotink Creek below the shore of the Potomac River and a line bridge which crosses Accotink Creek from the Main Dock of Naval Surface approximately 400 yards south of U.S. Warfare Center, Dahlgren to Line of Highway No. 1; and that portion of Fire Buoy P, clearance will be granted Pohick Bay bordering its north shore. to proceed upon request directed to the The mouth of Accotink Bay and that patrol boat. portion of Pohick Bay within the dan- (iii) Due to hazards of unexploded ger zone will be marked by the Post ordnance, no person or craft in the Commander with suitable warning Middle Danger Zone shall approach buoys. closer than 100 yards to the shoreline (2) The regulations. (i) When firing af- of Naval Surface Warfare Center, Dahl- fecting the area is in progress, the Post gren, previously known as the Naval Commander will post guards at such lo- Surface Weapons Center. cations that the waters in the danger (3) Enforcement. The regulations shall zone may be observed and arrange sig- be enforced by the Commander, Naval nals whereby these guards may stop Surface Warfare Center, Dahlgren and the firing should any person be seen in such agencies as he/she may designate. the danger zone. When firing is in Patrol boats, in the execution of their progress, the Post Commander will mission assigned herein, shall display a cause to be displayed both on the east square red flag during daylight hours shore of Accotink Bay at its mouth and for purposes of identification; at night near the danger zone boundary on time, a 32 point red light shall be dis- played at the mast head. Naval Surface Accotink Creek a red streamer which Warfare Center, Dahlgren (Range Con- shall be visible to a person in a boat trol) can be contacted by Marine VHF near those points. radio (Channel 16) or by telephone (540) (ii) Persons desiring to cross the 653–8791. waters in the danger zone shall first de- (4) Exceptions. Nothing in this regula- termine whether a red streamer is dis- tion shall be intended to prevent com- played on the east Shore of Accotink mercial fishing or the lawful use of ap- Bay at its mouth or near the danger proved waterfowl hunting blinds along zone boundary on Accotink Creek. If the shorelines of Naval Surface War- the red streamer is displayed, it will fare Center, Dahlgren, provided that all indicate that firing is in progress and necessary licenses and permits have that the waters in the danger zone are been obtained from the Maryland De- covered by rifle fire, and the area shall partment of Natural Resources, the not be entered until the streamer is Virginia Department of Game and In- lowered. land Fisheries, or the Potomac River (iii) The Post Commander is hereby Fisheries Commission. Waterfowl hunt- authorized by using such agencies and ers shall provide a completed copy of equipment necessary to stop all per- their blind permit to the Natural Re- sons and boats at the boundary of the sources Manager at Naval Surface War- danger zone and prohibit their crossing fare Center, Dahlgren. Commercial fishermen and waterfowl hunters must observe all warnings and range clear-

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

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Creek from the pilings remaining from line at longitude 77°08′18″ and thence the footbridge to the mouth of the along the shoreline to the point of be- creek; thence in a northeasterly direc- ginning. tion along the easterly shore of the Po- (b) The regulations. No person, vessel, tomac River to the point of beginning. or other craft shall enter or remain in (b) The regulations. (1) Firings con- the area at any time except as author- sisting of controlled explosions within ized by the enforcing agency. the danger zone, and controlled shore (c) The regulations in this section operations, or accidental explosions, shall be enforced by the District Engi- hazardous to vessel traffic within the neer, U.S. Army Engineer District, limits of the danger zone, may take Philadelphia, Pa., and such agencies as place at any time of the day or night he may designate. and on any day of the week. [31 FR 16560, Dec. 28, 1966. Redesignated at 50 (2) Flashing red lights, horns, and FR 42696, Oct. 22, 1985] signs established at appropriate points will warn vessels of impending tests or § 334.260 York River, Va.; naval re- operations considered to be hazardous stricted areas. to vessels within the danger zone. (a) The areas—(1) Naval mine service- (3) No persons or vessels except ves- testing area (prohibited). A rectangular sels of the United States or vessels au- area surrounding Piers 1 and 2, Naval thorized by the enforcing agency shall Weapons Station, and extending up- enter or remain in the danger zone stream therefrom, beginning at a point while lights are flashing, when warning on the shore line at latitude 37°15′25″ N, horns are in operation, or when warned longitude 76°32′32″ W; thence to latitude or directed by a patrol vessel. 37°15′42″ N, longitude 76°32′06″ W; thence (4) Nothing in this section shall pro- to latitude 37°15′27″ N, longitude hibit the use of Mattawoman Creek or 76°31′48″ W; thence to latitude 37°15′05″ Chicamuxen Creek as a harbor of ref- N, longitude 76°31′27″ W; thence to a uge because of stress of weather. point on the shore line at latitude (5) Except as prescribed in paragraph 37°14′51″ N, longitude 76°31′50″ W; and (b)(3) of this section, persons and ves- thence along the shore line to the point sels may enter and proceed through the of beginning. danger zone without restriction. How- (2) Naval mine service-testing area (re- ever, accidental explosions may occur stricted). A rectangular area adjacent to at any time and persons and vessels en- the northeast boundary of the prohib- tering the area do so at their own risk. ited area described in paragraph (a)(1) (6) Fishermen operating in the dan- of this section, beginning at latitude ger zone when warning signals are 37°16′00″ N, longitude 76°32′29″ W; thence sounded shall evacuate the area imme- to latitude 37°16′23″ N, longitude diately. 76°32′00″ W; thence to latitude 37°15′27″ (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

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associated tributaries south of the line (4) Vessels shall not be anchored, nor which begins at latitude 37°16′24″ N, shall persons in the water approach longitude 76°35′12″ W and extends east within 300 yards of the perimeter of the to latitude 37°16′21″ N, longitude Explosives-Handling Berth (Naval) 76°35′00″ W. when that berth is occupied by a vessel (5) Indian Field Creek (prohibited). handling explosives. Navigable waters of the United States (5) All persons and all vessels are for- as defined at 33 CFR part 329 within In- bidden to enter the prohibited areas de- dian Field Creek from the boundary scribed in paragraphs (a)(4) and (a)(5) of fence line at the mouth to the mean this section without prior permission high water line of the head and all as- of the enforcing agency. sociated tributaries. The area contains (6) The regulations of this section the entirety of Indian Field Creek and shall be enforced by the Commander, all associated tributaries south of the Naval Weapons Station Yorktown, Vir- line which begins at latitude 37°16′05″ ginia, and such agencies as he/she may N, longitude 76°33′29″ W and extends designate. ° ′ ″ east to latitude 37 16 01 N, longitude [77 FR 61723, Oct. 11, 2012] 76°33′22″ W. (b) The regulations. (1) All persons and § 334.270 York River adjacent to all vessels other than naval craft are Cheatham Annex Depot, Naval Sup- forbidden to enter the prohibited area ply Center, Williamsburg, Va.; re- described in paragraph (a)(1) of this stricted area. section. (a) The area. The waters of York (2) Trawling, dragging, and net-fish- River bounded as follows: Beginning at ing are prohibited, and no permanent a point on shore at Cheatham Annex obstructions may at any time be placed Depot at latitude 37°17′14″ N., longitude in the area described in paragraph 76°35′38″ W.; thence to a point offshore (a)(2) of this section. Upon official noti- at latitude 37°17′52″ N., longitude fication, any vessel anchored in the 76°35′20″ W.; thence approximately par- area and any person in the area will be allel to the shore to a point at latitude required to vacate the area during the 37°17′23″ N., longitude 76°34′39″ W.; actual mine-laying operation. Persons thence to the shore at latitude 37°16′58″ and vessels entering the area during N., longitude 76°35′03″ W.; and thence mine-laying operations by aircraft along the shore at Cheatham Annex must proceed directly through the area Depot to the point of beginning. without delay, except in case of emer- (b) The regulations. (1) No loitering gency. Naval authorities are required will be permitted within the area. Oys- to publish advance notice of mine-lay- termen may work their own leaseholds ing and/or retrieving operations sched- or public bottom within the area, pro- uled to be carried on in the area, and vided they obtain special permission during such published periods of oper- from the Officer in Charge, Cheatham ation, fishing or other aquatic activi- Annex Depot, Naval Supply Center, ties are forbidden in the area. No vessel Williamsburg, Virginia. will be denied passage through the area (2) The regulations in this section at any time during either mine-laying shall be enforced by the Officer in or retrieving operations. Charge, Cheatham Annex Depot, U.S. (3) The Explosives-Handling Berth Naval Supply Center, Williamsburg, (Naval) described in paragraph (a)(3) of Virginia. 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, mission of local naval authorities, ob- Back River, Hampton, U.S. Air tained through the Captain of the Port, Force Base, Langley, Va.; restricted U.S. Coast Guard, Norfolk, Virginia. area. 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

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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 restricted area. The Commanding Offi- authorized traps be unreasonably inter- cer may, at his/her discretion, require fered with or restricted. those persons and vessels working (3) Vessels anchored in the area shall those leases to register with the Lang- be so anchored as not to obstruct the ley Air Force Base Security Officer on arc of visibility of Deepwater Shoals an annual basis. Failure to comply Light. with this request may result in denial (4) The Commanding General, Fort to access the oyster grounds until such Eustis, Va., will, to the extent possible time as the request has been complied give public notice from time to time with. through local news media and the (3) Persons or vessels contracted with Coast Guard’s Local Notice to Mariners or utilized by the Commonwealth of of the schedule of intended Army use of Virginia to work the oyster grounds the restricted area. shall give verbal notification to the (5) The continuation of the restricted base Security Office prior to entering area for more than 3 years after the the restricted area. date of its establishment shall be de- (4) City, State and Federal law en- pendent upon the outcome of the con- forcement vessels may enter the re- sideration of a request for its continu- stricted area at any time they deem ance submitted to the District Engi- necessary for the enforcement of their neer, U.S. Army Engineer District, respective laws. Norfolk, Virginia, by the using agency (c) Enforcement. The regulations in at least 3 months prior to the expira- this section shall be enforced by the tion of the 3 years. Commanding Officer of the Langley Air (6) The regulations in this section Force Base and such agencies as he/she shall be enforced by the Commanding may designate. General, Fort Eustis, Va., and such [58 FR 47788, Sept. 10, 1993] agencies as he may designate.

§ 334.280 James River between the en- [37 FR 4337, Mar. 2, 1972. Redesignated at 50 trance to Skiffes Creek and Mul- FR 42696, Oct. 22, 1985] berry Point, Va.; army training and small craft testing area. § 334.290 Elizabeth River, Southern Branch, Va., naval restricted areas. (a) The restricted area. Beginning on the shore at latitude 37°09′54″ N., lon- (a) The areas—(1) St. Helena Annex gitude 76°36′25″ W.; thence westerly to Area. Beginning at a point at St. Hel- latitude 37°09′50″ N., longitude ena Annex of the Norfolk Naval Ship- 76°37′45.5″ W.; thence southerly to lati- yard, on the eastern shore of Southern tude 37°09′00″ N., longitude 76°38′05″ W.; Branch of Elizabeth River, at latitude thence southerly to latitude 37°08′22″ 36°49′43″, longitude 76°17′26.5″; thence in N., longitude 76°37′55″ W.; thence due a southwesterly direction to a point on east to the shore at latitude 37°08′22″ the eastern boundary of Norfolk Har- N., longitude 76°37′22″ W.; thence north- bor 40-foot channel at latitude 36°49′42″,

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longitude 76°17′33″; thence in a south- § 334.293 Elizabeth River, Craney Is- erly direction along the eastern bound- land Refueling Pier Restricted ary of Norfolk Harbor 40-foot channel Area, Portsmouth VA; naval re- to latitude 36°49′28″, longitude 76°17′27″; stricted area. thence easterly to the shore at latitude (a) The area. (1) The waters within an 36°49′28″, longitude 76°17′22″; and thence, area beginning at a point on the shore northerly along the shore to the point at latitude 36°53′17.4″ N, longitude of beginning. 76°20′21″ W; thence easterly to latitude ° ′ ″ ° ′ ″ (2) Norfolk Naval Shipyard Area. Be- 36 53 16.8 N, longitude 76 20 14.4 W: ginning at a point on the shore at the thence southwesterly to latitude 36°53′00″ N, longitude 76°20′18″ W; thence northeast corner of the Norfolk Naval ° ′ ″ ° ′ ″ southeasterly to latitude 36 52 55.2 N, Shipyard, at latitude 36 49 43.5 , lon- longitude 76°20′16.5″ W: thence south- ° ′ ″ gitude 76 17 41.5 ; thence due east ap- westerly to latitude 36°52′52.2″ N, lon- proximately 100 feet to the western gitude 76°20′18″ W; thence southwest- boundary of Elizabeth River channel; erly to latitude 36°52′49.8″ N, longitude thence in a southerly direction along 76°20′25.8″ W: thence northwesterly to the western boundary of the channel to latitude 36°52′58.2″ N, longitude the point where it passes through the 76°20′33.6″ W; thence northeasterly to a draw of the Norfolk and Portsmouth point on the shore at latitude 36°53′00″ Belt Line Railroad Bridge, thence in a N, longitude 76°20′30″ W; thence north- southwesterly direction along the erly along the shoreline to the point of northerly side of the bridge to the beginning. western shore of Southern Branch of (b) The regulation. No vessel or per- Elizabeth River; and thence along the sons may enter the restricted area un- shore in a northerly direction to the less specific authorization is granted point of beginning. by the Commander, Navy Region, Mid- (3) Southgate Terminal Area. Begin- Atlantic and/or other persons or agen- ning at a point at the northeast corner cies as he/she may designate. (c) Enforcement. The regulation in of Southgate Terminal Annex of Nor- this section, promulgated by the Corps folk Naval Shipyard, at latitude ° ′ ″ ° ′ ″ of Engineers, shall be enforced by the 36 48 23 , longitude 76 17 39 ; thence east Commander, Navy Region, Mid-Atlan- ° ′ ″ ° ′ ″ to latitude 36 48 23 , longitude 76 17 29 ; tic, and such agencies or persons as he/ thence southerly along the western she may designate. boundary of Norfolk Harbor 35-foot channel to latitude 36°48′04″, longitude [67 FR 6654, Feb. 13, 2002] ° ′ ″ 76 17 33 ; thence west to latitude § 334.300 Hampton Roads and 36°48′04″, longitude 76°17′41″; and thence Willoughby Bay, Norfolk Naval along the shore in a northerly direc- Base, naval restricted area, Norfolk, tion to the point of beginning. Virginia. (b) The regulations. (1) No vessels (a) The area. (1) The waters within an other than Naval vessels and other ves- area beginning at latitude 36°55′55″ N, sels authorized to move to and from longitude 76°20′02″ W; thence north- piers at the Norfolk Naval Shipyard westerly to latitude 36°56′00″ N, lon- and its two annexes described in para- gitude 76°20′08″ W; thence northerly graph (a) (1) and (3) of this section, and along the eastern limit of Norfolk Har- no person other than persons embarked bor Channel to latitude 36°57′52″ N, lon- in such vessels, shall enter the re- gitude 76°20′00″ W; thence easterly to stricted areas. latitude 36°57′52″ N, longitude 76°19′35″ ° ′ ″ (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 36°57′26.2″ N, longitude 76°17′55.2″ W; [19 FR 2232, Apr. 17, 1954, as amended at 35 thence southerly to latitude 36°57′05″ N, FR 2660, Feb. 6, 1970. Redesignated at 50 FR longitude 76°17′52″ W; thence southeast- 42696, Oct. 22, 1985] erly to latitude 36°56′56.2″ N, longitude 76°17′27″ W; thence northeasterly to

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latitude 36°57′10″ N, latitude 76°16′29″ W; (b) The regulations. (1) No fish-pound thence to the shoreline at latitude stakes or structures shall be allowed in 36°57′18.8″ N, longitude 76°16′22″ W at the the restricted area. Naval Air Station. (2) No person or vessel shall approach (2) Beginning at a point on the Naval within 300 yards of any naval vessel or Station shore at latitude 36°56′37.5″ N, within 600 yards of any vessel dis- longitude 76°19′44″ W; thence westerly playing the red ‘‘baker’’ burgee. and northerly along the breakwater to (3) This section shall be enforced by its extremity at latitude 36°56′41.5″ N, the Commandant, Fifth Naval District, longitude 76°19′54″ W; thence westerly and such agencies as he may designate. to a point on the eastern limit of Nor- [13 FR 6920, Nov. 24, 1948, as amended at 22 folk Harbor Channel at latitude FR 5956, July 27, 1957. Redesignated at 50 FR 36°56′41.5″ N, longitude 76°20′05.5″ W; 42696, Oct. 22, 1985, as amended at 62 FR 17553, thence northerly along the eastern Apr. 10, 1997; 62 FR 24034, May 2, 1997] limit of Norfolk Harbor Channel to latitude 36°57′52″ N, longitude 76°20′00″ § 334.320 Chesapeake Bay entrance; W; thence easterly to latitude 36°57′52″ naval restricted area. N, longitude 76°19′35″ W; thence to lati- (a) The area. Beginning at a point on tude 36°57′47.7″ N., longitude 73°18′57″ W; the south shore of Chesapeake Bay at thence southeasterly to latitude longitude 76°03′06″; thence to latitude 36°57′26″ N, longitude 76°18′42″ W; thence 37°01′18″, longitude 76°02′06″; thence to easterly to latitude 36°57′26.2″ N, lon- latitude 37°00′18″, longitude 75°55′54″; gitude 76°17′55.2″ W; thence southerly to thence to latitude 36°58′00″, longitude latitude 36°57′05″ N, longitude 76°17′52″ 75°48′24″; thence to latitude 36°51′48″, W; thence southeasterly to latitude longitude 75°51′00″; thence to the shore 36°56′56.2″ N, longitude 76°17′27″ W; at longitude 75°58′48″, and thence north- thence northeasterly to latitude westerly and southwesterly along the 36°57′10″ N, longitude 76°16′29″ W; and shore at Cape Henry to the point of be- thence to the shoreline at latitude ginning. 36°57′18.8″ N, longitude 76°16′22″ W, at (b) The regulations. (1) Anchoring, the Naval Air Station. trawling, crabbing, fishing, and drag- (b) The regulation. No vessel or per- ging in the area are prohibited, and no sons may enter the restricted area un- object attached to a vessel or otherwise less specific authorization is granted shall be placed on or near the bottom. by the Commander, Navy Region, Mid- (2) This section shall be enforced by Atlantic and/or other persons or agen- the Commandant, Fifth Naval District, cies as he/she may designate. Norfolk, Va. (c) Enforcement. The regulation in [18 FR 8159, Dec. 12, 1953, as amended at 28 this section, promulgated by the FR 349, Jan. 12, 1963. Redesignated at 50 FR United States Army Corps of Engi- 42696, Oct. 22, 1985] neers, shall be enforced by the Com- mander, Navy Region, Mid-Atlantic, § 334.330 Atlantic Ocean and con- and/or such agencies or persons as he/ necting waters in vicinity of Myrtle Island, Va.; Air Force practice she may designate. bombing, rocket firing, and gun- [67 FR 10844, Mar. 11, 2002] nery range. (a) The danger zone. The waters of the § 334.310 Chesapeake Bay, Lynnhaven Atlantic Ocean and connecting waters Roads; navy amphibious training within an area described as follows: Be- area. ginning at latitude 37°12′18″, longitude (a) The restricted area. Beginning at 75°46′00″; thence southwesterly to lati- latitude 36°55′47″, longitude 76°11′04.5″; tude 37°08′21″, longitude 75°50′00″; thence thence to latitude 36°59′04″, longitude northwesterly along the arc of a circle 76°10′11″; thence to latitude 36°58′28.5″, having a radius of three nautical miles longitude 76°07′54″; thence to latitude and centered at latitude 37°11′16″, lon- 36°55′27.5″, longitude 76°08′42″; thence gitude 75°49′29″, to latitude 37°10′14″, westerly along the shore and across the longitude 75°52′57″; thence northeast- mouth of Little Creek to the point of erly to latitude 37°14′30″, longitude beginning. 75°48′32″; thence southeasterly to

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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, Virginia, and such agencies as he may [28 FR 1106, Feb. 5, 1963. Redesignated at 50 FR 42696, Oct. 22, 1985, as amended at 62 FR designate. 17553, Apr. 10, 1997] [18 FR 8698, Dec. 24, 1953. Redesignated at 50 FR 42696, Oct. 22, 1985, as amended at 62 FR § 334.350 Chesapeake Bay off Fort 17553, Apr. 10, 1997] Monroe, Va.; firing range danger 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 (b) The regulations. (1) The danger other purposes will be permitted during zone will be in use not more than a announced firing periods. total of 4 hours per month, which hours (4) No firing will be done during shall be during not more than any 2 hours of darkness or low visibility. days per month. (5) The Commander, Fort Monroe, (2) No person or vessel shall enter or Va., is responsible for furnishing in ad- remain in the danger zone during peri- vance the firing schedule to the Com- ods of firing or bombing or when the mander, 5th Coast Guard District, for zone is otherwise in use. publication in his ‘‘Local Notice to (3) The Commander, Tactical Air Mariners’’ and to the local press at Command, Langley Air Force Base, Norfolk and Newport News, Va. Va., shall be responsible for publicizing (c) The regulations in this section in advance through the Coast Guard’s shall be enforced by the Commanding ‘‘Local Notice to Mariners,’’ in the Officer, Fort Monroe, Va., and such local press, and by radio from time to time the schedule of use of the area, agencies as he may designate. and shall station patrol boats to warn [35 FR 6575, Apr. 24, 1970. Redesignated at 50 vessels during periods of use. FR 42696, Oct. 22, 1985]

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§ 334.360 Chesapeake Bay off Fort (2) The regulations. Persons or vessels, Monroe, Virginia; restricted area, other than those vessels owned and op- U.S. Naval Base and Naval Surface erated by the United States, shall not Weapon Center. enter the prohibited area at any time (a) The area. Beginning at latitude unless authorized to do so by the en- 37°01′03″, longitude 076°17′52″; thence to forcing agency. latitude 37°01′00″, longitude 076°16′11″; (b) Small-arms firing range—(1) The thence to latitude 36°59′43″, longitude Area. Beginning at a point on the shore 076°16′11″; thence to latitude 36°59′18″, line at latitude 36°55′27″, longitude longitude 076°17′52″; thence to latitude 76°08′38″; thence to latitude 36°55′50″, 37°00′05″, longitude 076°18′18″; thence longitude 76°08′37″; thence to latitude north along the seawall to the point of 36°57′11″, longitude 76°08′11″; thence to beginning. latitude 36°56′53″, longitude 76°07′18″; (b) The regulations. (1) Anchoring, thence to latitude 36°55′39″, longitude trawling, fishing and dragging are pro- 76°07′46″; thence to latitude 36°55′22″, hibited in the restricted area, and no longitude 76°08′17″; thence along the object, either attached to a vessel or shore line to the point of beginning. otherwise, shall be placed on or near (2) The regulations. (i) Passage of ves- the bottom unless authorized by the sels through the area will not be pro- Facility Manager, Naval Surface War- hibited at any time, nor will commer- fare Center, Dahlgren Division Coastal cial fishermen be prohibited from Systems Station Detachment, Fort working fish nets within the area. No Monroe, Virginia. loitering or anchoring for other pur- (2) This section shall be enforced by poses will be permitted. the Commander, Naval Base, Norfolk, (ii) A large red warning flag will be Virginia, and such agencies as he may flown on shore during periods when fir- designate. ing is in progress. Observers will be on duty and firing will be suspended for [13 FR 6919, Nov. 24, 1948, as amended at 15 the passage of vessels and for the plac- FR 2085, Apr. 13, 1950; 21 FR 421, Jan. 20, 1956; ing and maintenance of fish nets with- 21 FR 1593, Mar. 14, 1956. Redesignated at 50 FR 42696, Oct. 22, 1985, and further amended in the area. at 51 FR 4908, Feb. 10, 1986; 55 FR 45709, Oct. (c) This section shall be enforced by 31, 1990; 61 FR 34733, July 3, 1996] the Commanding Officer, U.S. Naval Amphibious Base, Little Creek, Nor- § 334.370 Chesapeake Bay, Lynnhaven folk, Virginia. Roads; danger zones, U.S. Naval Amphibious Base. [19 FR 1246, Mar. 5, 1954, as amended at 28 FR 225, Jan. 9, 1963. Redesignated at 50 FR 42696, (a) Underwater demolitions area (pro- Oct. 22, 1985, and amended at 57 FR 40613, hibited)—(1) The area. A portion of the Sept. 4, 1992; 62 FR 17553, Apr. 10, 1997] restricted area for Navy amphibious training operations described in Sec. § 334.380 Atlantic Ocean south of en- 334.310 along the south shore of the trance to Chesapeake Bay off Dam Chesapeake Bay, bounded as follows: Neck, Virginia; naval firing range. Beginning at a point at the mean high (a) The danger zone. All of the water water line, latitude 36°55′26.5″, lon- within a sector extending seaward a gitude 76°08′43″; thence 700 yards to distance of 7,500 yards between radial latitude 36°55′48″, longitude 76°98′38″; lines bearing 35° true and 92° true, re- thence 500 yards to latitude 36°55′46″, spectively, from a point on the shore at longitude 76°08′57″; thence 500 yards to latitude 36 47′33″ N, longitude 75 58′23″ latitude 36°55′37″, longitude 76°09′02″; W. thence 100 yards to latitude 36°55′36″, (b) The regulations. (1) Vessels shall longitude 76°08′57″; thence 200 yards to proceed through the area with caution the mean high water line at latitude and shall remain therein no longer 36°55′39.5″, longitude 76°08′59″; thence 400 than necessary for purpose of transit. yards along the mean high water line (2) When firing is in progress during to the point of beginning. The area will daylight hours, red flags will be dis- be marked by range poles set on shore played at conspicuous locations on the of the prolongation of the lines forming beach. When firing is in progress dur- the eastern and western boundaries. ing periods of darkness, red flashing

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lights will be displayed from con- (4) Lookout posts will be manned by spicuous locations which are visible the activity or agency operating the from the water a minimum distance of firing range at the Fleet Combat Cen- four (4) nautical miles. ter, Atlantic, Dam Neck, Virginia (3) Firing on the ranges will be sus- Beach, Virginia. After darkness, night pended as long as any vessel is within vision systems will be utilized by look- the danger zone. outs to aid in locating vessels (4) Lookout posts shall be manned by transiting the area. the activity or agency operating the (5) There shall be no firing on the firing range at Fleet Combat Center. range during periods of low visibility After darkness, night vision systems which would prevent the recognition of will be utilized by lookouts to aid in lo- a vessel (to a distance of 7,500 yards) cating vessels transiting the area. which is properly displaying navigation (5) There shall be no firing on any lights, or which would preclude a vessel ranges during the periods of low visi- from observing the red range flags or bility which would prevent the recogni- lights. tion of a vessel (to a distance of 7,500 (6) The regulations in this section yards) which is properly displaying shall be enforced by the Commander, navigational lights, or which would Naval Air Force, U.S. Atlantic Fleet/ preclude a vessel from observing the Commander, Fleet Air Norfolk, Nor- red range flags or lights. folk, Va., and such agencies as he may (6) The regulations in this section designate. shall be enforced by the Commanding (Sec. 7, 40 Stat. 266; 33 U.S.C. 1) Officer, Fleet Combat Training Center, Atlantic, Dam Neck, Virginia Beach, [13 FR 6919, Nov. 24, 1948, as amended at 29 Virginia, and other such agencies as he/ FR 5679, Apr. 29, 1964; 38 FR 16223, June 21, she may designate. 1973. Redesignated at 50 FR 42696, Oct. 22, 1985, and amended at 58 FR 53428, Oct. 15, [58 FR 53428, Oct. 15, 1993] 1993; 60 FR 18543, Apr. 12, 1995]

§ 334.390 Atlantic Ocean south of en- § 334.400 Atlantic Ocean south of en- trance to Chesapeake Bay; firing trance to Chesapeake Bay off Camp range. Pendleton, Virginia; naval re- stricted area. (a) The danger zone. A section extend- ing seaward for a distance of 12,000 (a) The area. Beginning at a point on yards between two radial lines bearing the shore at Camp Pendleton at lati- 030° True and 083° True, respectively, tude 36°48′19″ N, longitude 75°57′49″ W; from a point on shore at latitude thence easterly 200 yards to latitude 36°46′48″ N, longitude 75°57′24″ W; and an 36°48′20″ N, longitude 75°57′42″ W; thence adjacent sector extending seaward for a northerly 400 yards to latitude 36°48′32″ distance of 15 nautical miles between N, longitude 75°57′45″ W; thence west- two radial lines bearing 083° True and erly 200 yards to latitude 36°48′31″ N, 150° True, respectively, from the same longitude 75°57′53″ W; and thence south- shore position. erly 400 yards along the shore to the (b) The regulations. (1) Vessels shall point of beginning. proceed through the area with caution (b) The regulations. (1) Persons or ves- and shall remain therein no longer sels, other than those vessels owned than necessary for purposes of transit. and operated by the United States (2) When firing is in progress during shall not enter the area except by per- daylight hours, red flags will be dis- mission of the Commanding Officer, played at conspicuous locations on the U.S. Naval Amphibious Base, Little beach. When firing is in progress dur- Creek, Norfolk, Virginia. ing periods of darkness, red flashing (2) This section shall be enforced by lights will be displayed from con- the Commanding Officer, U.S. Naval spicuous locations on the beach which Amphibious Base, Little Creek, Nor- are visible from the water a minimum folk, Virginia, and such agencies as he distance of four (4) nautical miles. may designate. (3) Firing on the ranges will be sus- [22 FR 8957, Nov. 6, 1957. Redesignated at 50 pended as long as any vessel is within FR 42696, Oct. 22, 1985, amended at 58 FR the danger zone. 37608, July 12, 1993; 62 FR 17553, Apr. 10, 1997]

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§ 334.410 Albemarle Sound, Pamlico miniature bombs which contain only Sound, and adjacent waters, NC; small explosive charges for producing danger zones for naval aircraft op- smoke puffs to mark points of impact. erations. All operations will be conducted during (a) Target areas—(1) North Landing daylight hours, and the area will be River (Currituck Sound). The waters of open to navigation at night. No persons North Landing River within a radius of or vessels shall enter this area during 1,000 yards from a target located at the hours of daylight without special latitude 36°31′00″, longitude 76°01′40″. permission from the enforcing agency. (2) Northern part of Currituck Sound. The area will be patrolled and vessels ° ′ Beginning at a point bearing 65 30 , will be warned not to enter. ‘‘Buzzing’’ 1,025 yards, from Currituck Sound by plane will warn vessels that they ° Light 69; thence 86 , 6,000 yards; thence are in a danger zone, and upon being so 193°, 4,425 yards; thence 267°30′, 2,775 warned vessels which have inadvert- yards; and thence to the point of begin- ently entered the area shall imme- ning. The target is located at latitude diately leave the area. 36°27′16″, longitude 75°56′30″. (2) Target and bombing area. The area NOTE: All bearings in this section are re- ferred to true meridian. described in paragraph (b) of this sec- (b) Target and bombing area along tion will be used as a target and bomb- south shore of Albemarle Sound. Begin- ing area for both day and night oper- ning at latitude 36°00′43″, longitude ations. Dummy ammunition, 76°19′20″; thence to latitude 36°02′40″, waterfilled or smoke bombs and inert longitude 76°04′26″, thence to latitude rockets will be used, except during 36°00′12″, longitude 76°04′26″; thence to wartime when live ammunition, bombs latitude 35°59′35″, longitude 76°19′20″, and rockets may be used. The area will and thence to the point of beginning. be open to navigation except for peri- This area is divided into three subareas ods when ordnance exercises are being A, B, and C as follows: Area A, begin- conducted by naval aircraft. In area B ning at latitude 36°00′43″, longitude described in paragraph (b) of the sec- ° ′ ″ ° ′ ″ 76 19 20 ; thence to latitude 36 01 20 , tion the placing of nets, traps, buoys, ° ′ ″ longitude 76 14 30 ; thence to latitude pots, fishponds, stakes, or other equip- ° ′ ″ ° ′ ″ 35 59 45 , longitude 76 14 30 ; thence to ment which may interfere with target latitude 35°59′35″, longitude 76°19′20″, vessels operating in the area shall not and thence to the point of beginning. be permitted. The area will be pa- Area B, beginning at latitude 36°01′20″, trolled and persons and vessels shall longitude 76°14′30″; thence to latitude 36°02′18″, longitude 76°07′15″; thence to clear the area under patrol upon being latitude 36°00′05″, longitude 76°07′15″; warned by the surface patrol craft or thence to latitude 35°59′45″, longitude when ‘‘buzzed’’ by patrolling aircraft. 76°14′30″; and thence to the point of be- As a further means of warning vessels ginning. Area C, beginning at latitude of naval aircraft operations in the area 36°02′18″, longitude 76°07′15″; thence to described in paragraph (b) of this sec- latitude 36°02′40″, longitude 76°04′26″; tion, a cluster of flashing red lights at thence to latitude 36°00′12″, longitude night and a large red flag by day will 76°04′26″; thence to latitude 36°00′05″, be displayed from the range observa- longitude 76°07′15″; and thence to the tion tower located in the approximate point of beginning. center of the shore side of this area. (c) Naval Aviation Ordnance test area (3) Naval Aviation Ordnance test area. in Pamlico Sound in vicinity of Long The area described in paragraph (c) of Shoal. A circular area with a radius of this section shall be closed to persons one and one-half miles having its cen- and navigation except for such mili- ° ′ ″ ter at latitude 35 32 18 , longitude tary personnel and vessels as may be ° ′ ″ 75 40 39 . directed by the enforcing agency to (d) The regulations—(1) Target areas. enter on assigned duties. The area described in paragraph (a)(1) (4) Enforcing agency. The regulations of this section will be used as a dive in this section shall be enforced by the bombing target by naval aircraft. In peacetime, munitions will be limited to

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Commander, Naval Air Force, U.S. At- all times except for vessels engaged in lantic Fleet, and such agencies as he/ operational and maintenance work as she shall designate. directed by the enforcing agency. Prior to bombing or firing operations the (Sec. 7, 40 Stat. 266; 33 U.S.C. 1: Chap. XIX, 40 Stat. 892; 33 U.S.C. 3) area will be ‘‘buzzed’’ by plane. Upon being so warned vessels working in the [16 FR 3131, Apr. 10, 1951, as amended at 16 area shall leave the area immediately. FR 7460, July 31, 1951; 19 FR 479, Jan. 28, 1954; (b) Bombing, rocket firing, and strafing 31 FR 12436, Sept. 20, 1966; 33 FR 3218, Feb. 21, 1968; 40 FR 3993, Jan. 27, 1975. Redesignated at areas in Pamlico Sound and Neuse 50 FR 42696, Oct. 22, 1985, and amended at 53 River—(1) The areas. (i) The waters FR 47953, Nov. 29, 1988; 61 FR 7215, Feb. 27, within a circular area with a radius of 1996; 62 FR 17553, Apr. 10, 1997] 1.8 statute miles having its center at latitude 35°02′12″, longitude 76°28′00″. § 334.412 Albemarle Sound, Pamlico (ii) The waters within a circular area Sound, Harvey Point and adjacent with a radius of 0.5 statute mile having waters, NC; restricted area. its center at latitude 35°04′12″, lon- (a) The area. Beginning on the north gitude 76°28′24″. shore of Albemarle Sound and the east- (iii) The waters within a circular ernmost tip of Harvey Point; thence area with a radius of 0.5 statute mile southeasterly to Day Beacon number 3; having its center at latitude 35°01′42″, thence southeasterly to latitude longitude 76°25′48″. 36°03′06″, longitude 76°16′43″; thence (iv) The waters within a circular area southwesterly to latitude 36°02′18″, lon- with a radius of 0.5 statute mile having gitude 76°19′30″; thence northwesterly its center at latitude 34°58′48″, lon- to latitude 36°04′18″, longitude 76°20′20″; gitude 76°26′12″. thence 23°15′ True to the shore; and (v) The waters within a circular band thence northeasterly along the shore with an inner radius of 1.8 statute to the point of beginning. miles and an outer radius of 2.5 statute (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

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the conduct of operations in the areas. (b) The danger zone. The waters with- Vessels or personnel which have inad- in an area beginning at latitude vertently entered the danger zones 34.923425° N, longitude ¥76.853222° W; shall leave the area immediately upon thence northeasterly across Hancock being warned. Creek to latitude 34.925258° N, lon- (iii) The areas described in paragraph gitude ¥76.849864° W; continuing north- (b)(1)(v) of this section shall be used as easterly to latitude 34.933382° N, lon- a strafing area. Practice and dummy gitude ¥76.835081° W; thence north- ammunition will be used. Operations westerly to the Neuse River shoreline will be conducted on five consecutive at latitude 34.936986° N, longitude days (Monday through Friday) per ¥76.841197° W, continuing northwest- month during the months of February erly to latitude 34.943275° N, longitude through November between the hours ¥76.852169° W; thence southwesterly of 4 p.m. to 11 p.m. The block training along the shorelines to latitude dates will be scheduled two weeks in 34.935111° N, longitude ¥76.859078° W; advance of the actual training start thence southeasterly along Hancock date. Marine Corps Air Station Cherry Creek shoreline to the point of origin. Point will have a call-in number for (c) The regulations. (1) Except in cases public use to provide information on of extreme emergency, all persons or the current use of the training area. vessels, other than those operated by The Notification to Mariners System the United States Navy or United will also be utilized to inform the pub- States Coast Guard, are prohibited lic on the status of the training area. from entering the restricted area with- No vessel or person shall enter the area out prior permission of the enforcing during the scheduled block training agency. session except for such vessels as may (2) Entry points into the danger zone be directed by the enforcing agency to will be prominently marked with sign- enter on assigned duties. The area will age indicating the boundary of the dan- be patrolled and vessels ‘‘buzzed’’ by ger zone. the patrol plane prior to the conduct of (3) Firing will take place both day operations in the area. Vessels or per- and night at irregular periods through- sonnel which have inadvertently en- out the year. Appropriate warnings tered the danger zone shall leave the will be issued through official govern- area immediately upon being so ment and civilian channels serving the warned. region. Such warnings will specify the (c) Enforcing agency. The regulations time and duration of operations and of this section shall be enforced by the give such other pertinent information Commander, Marine Corps Air Bases, as may be required in the interest of East, Cherry Point, North Carolina, or safety. Upon completion of firing or if his authorized representatives. the scheduled firing is cancelled for any reason, the warning signals mark- [26 FR 9673, Oct. 13, 1961. Redesignated at 50 ing the danger zone will be removed. FR 42696, Oct. 22, 1985, as amended at 61 FR (4) Except as otherwise provided in 43970, Aug. 27, 1996; 76 FR 30023, May 24, 2011] 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 watercraft, and other vehicles may pro- Point, North Carolina; restricted ceed through the danger zone. area and 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- [73 FR 41265, July 18, 2008] mately 6,800 feet west of the mouth of 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 (a) Atlantic Ocean east of New River reservation. Inlet. The waters of the Atlantic Ocean

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within a sector bounded on the north Southwest Creek up to the point where by a line bearing 105° from latitude it narrows to 200 feet in width, and 34°37′25″, longitude 77°10′35″; on the east Northeast Creek up to longitude and south by the arc of a circle having 77°23′30″; and on the north by an east- a radius of 25,000 yards centered at lati- west line passing through New River tude 34°34′15″, longitude 77°16′10″; on the Day Beacon 41. west by a line bearing 205° from lati- (c) The regulations. (1) No person shall tude 34°32′37″, longitude 77°18′34″, and on enter or remain in the water in any the northwest by the shore. closed section after notice of firing NOTE: All bearings in this section are re- therein has been given. Sailing vessels ferred to true meridian. and any watercraft having a speed of (b) New River. The firing ranges in- less than 5 knots shall keep clear of clude all waters to the high waterline any closed sector at all times after no- within eight sections described as fol- tice of firing therein has been given. lows: Vessels propelled by mechanical power (1) Trap Bay Sector. Bounded on the at a speed greater than 5 knots may south by a line running from Cedar enter the sectors without restriction Point 280° to New River Light 70, except when the firing signals are thence 254° to Hatch Point; and on the being displayed. When these signals are northwest by a line running from Wil- displayed, vessels shall clear the closed kins Bluff 232° to Hall Point. sectors immediately and no vessels (2) Courthouse Bay Sector. Bounded on shall enter such sectors until the sig- the southeast by the northwest bound- nals indicate that firing has ceased. ary of the Traps Bay Sector and on the (2) Firing will take place both day west by Sneads Ferry Bridge. and night at irregular periods through- (3) Stone Bay Sector. Bounded on the out the year. Insofar as training re- east by Sneads Ferry Bridge and on the quirements will permit, underwater ex- 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 removed when firing ceases for the day.

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Suitable range markers will be erected ing’’ of the impending target practice. indicating the bearings of the north Upon being so warned, all persons and and west limits of the Atlantic Ocean vessels shall leave the area as quickly sector. as possible by the most direct route. (5) During the night firing, red lights (e) Inland waters in the Browns Inlet will be displayed on the towers; and, in area between Bear Creek and Onslow the case of the Atlantic Ocean sector, Beach Bridge over the Atlantic Intra- searchlights will be employed as bar- coastal Waterway—(1) The area. Navi- rier lights to enable safety observers to gable waters between Bear Creek and detect vessels which may attempt to Onslow Beach Bridge to include all in- enter the danger zone. lets, streams, bays, and water therein (6) No person shall enter or remain contained, bounded on the north by within a 2 acre area surrounding a wa- Bear Creek, on the east and south by terborne refueling training operation, the Atlantic Ocean, to the meridian in either the Grey Point Sector, 77°16′20″; thence by this meridian to Farnell Bay Sector, or Morgan Bay latitude 34°34′31″; and thence by a line Sector as described in paragraph (b) of bearing 44° from this point until the this section, for the duration of the line intersects Bear Creek. training operation after a notice to (2) The regulations. (i) No person shall conduct a waterborne refueling train- enter or remain in the waters of this ing operation has been published in the area due the possibility of unexploded local notice to mariners and has been projectiles. broadcast over the Marine Band radio (ii) Vessels may proceed through the network. The 2 acre area surrounding a Atlantic Intracoastal Waterway in the waterborne refueling training oper- area without stopping except in cases ation will be patrolled and persons and of extreme emergencies. 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.

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(vii) Vessels having specific author- longitude 79°56′02″, thence to latitude ity from the Commanding General, Ma- 32°50′48″, longitude 79°56′07″ on the west rine Corps Base, Camp Lejeune, North shore, thence north along the shoreline Carolina, may enter the area. including the reach of Noisett Creek to (f) Enforcing agency. The regulations the eastern boundary of the Navy Base of this section shall be enforced by the to the beginning point at the west Commanding General, Marine Corps shore at latitude 32°52′37″, longitude Base, Camp Lejeune, North Carolina, 79°58′06″. or his authorized representatives. (2) The reach of Shipyard Creek up- [26 FR 9673, Oct. 13, 1961, as amended at 48 FR stream from a line 300 feet from and 41160, Sept. 14, 1983. Redesignated at 50 FR parallel to the upstream limit of the 42696, Oct. 22, 1985, as amended at 62 FR 17553, Improved Federal Turning Basin. Apr. 10, 1997; 66 FR 15799, Mar. 21, 2001] (3) That portion of the interior Ship- yard Creek commencing at latitude § 334.450 Cape Fear River and tribu- 32°49′50″, longitude 79°56′10″, being a taries at Sunny Point Army Ter- point at the southern tip of the shore- minal, Brunswick County, NC; re- stricted area. line where the northern shore of Ship- yard Creek joins the Cooper River, (a) The area. That portion of Cape thence going along the northern shore Fear River due west of the main ship of Shipyard Creek to the southern por- channel extending from U.S. Coast tion of the existing restructed area in ° ′ ″ Guard buoy No. 35 (34 02 03.218 N, paragraph (a)(2) of this section; thence ° ′ ″ 077 56 28.755 W) at the north approach along said line being 300 feet from and channel to Sunny Point Army Ter- parallel to the upstream limit of the minal to U.S. Coast Guard buoy No. 27 Improved Federal Turning Basin for a ° ′ ″ ° ′ ″ (33 58 16.12 N, 077 56 59.736 W) at the distance of 15 feet, thence to the most 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

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79°56′03.5″, thence to latitude 32°51′01″, approximately 4.8 miles to latitude longitude 79°56′07″, thence to latitude 32°57′32″, longitude 79°55′27″; thence in a 32°51′19″, longitude 79°57′05″, thence to southerly direction for approximately latitude 32°51′33″, longitude 79°57′27″, 100 yards to latitude 32°57′29″, longitude thence to latitude 32°51′48.5″, longitude 79°55′23″, thence in a southwesterly di- 79°57′41.5″, thence to the beginning rection, paralleling the shoreline to point at the west channel edge at lati- latitude 32°56′48″, longitude 79°55′48″; tude 32°52′06″, longitude 79°57′54″. thence in an easterly direction for ap- (6) That portion of the Cooper River proximately 50 yards to latitude beginning on the west shore at latitude 32°56′49″, longitude 79°55′46″, thence in a 32°50′48″, longitude 79°56′07″, thence to southerly direction, paralleling the latitude 32°50′50″, longitude 79°56′02″, shoreline, to latitude 32°56′40″, lon- thence to latitude 32°50′32″, longitude gitude 79°55′40″; thence in a westerly di- 79°55′55″, thence to latitude 32°50′00″, rection for approximately 50 yards to longitude 79°55′55″, thence to latitude latitude 32°56′39″, longitude 79°55′42″; 32°50′00″, longitude 79°56′10.5″ on the thence in a southwesterly direction, west shore, thence along the shoreline paralleling the shoreline, to latitude to the beginning point on the west 32°56′15″, longitude 79°56′07″; thence in a shore at latitude 32°50′48″, longitude southwesterly direction to latitude 79°56′07″. 32°56′05″, longitude 79°56′17″; thence in a (7) That portion of Goose Creek be- westerly direction, for approximately ginning at a point on the west shore of 50 yards to latitude 32°56′05″, longitude Goose Creek at its intersection with 79°56′19″; thence in a southerly direc- the Cooper River at latitude 32°54′32″, tion, paralleling the shoreline to lati- longitude 79°57′04″; thence proceeding tude 32°55′45″, longitude 79°56′19″; thence along the western shoreline of Goose in a southwesterly direction to latitude 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, lati- tion to latitude 32°55′03″, longitude tude 32°55′45″, longitude 79°45′23″. 79°55′42″. (ii) Radius=3790′ center of radius, (11) That portion of Foster Creek be- latitude 32′55′00″, longitude 79°55′41″. ginning at a point on the southern (iii) Radius=8255′ center of radius, shoreline of Foster Creek at its inter- latitude 32°55′41″, longitude 79°56′15″. section with Back River at latitude (iv) Radius=8255′ center of radius, 32°58′30″, longitude 79°56′33″; thence pro- latitude 32′56′09″, longitude 79°56′19″. ceeding along the southern shoreline to (9) That portion of the Cooper River the terminus of Foster Creek; thence beginning on the western shoreline at back down its northern shoreline of latitude 32°54′37″, longitude 79°57′01″; Foster Creek to latitude 32°58′34″, lon- thence proceeding along the western gitude 79°56′34″; thence back to latitude shoreline in a northerly direction for 32°58′30″, longitude 79°56′33″.

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(12) Danger zone. That portion of Fos- (3) Personnel, vessels and other ter Creek beginning at the point of the watercraft may be restricted from southern shoreline of an unnamed trib- using any or all of the area described in utary of Foster Creek at its intersec- paragraphs (a)(3) and (a)(6) of this sec- tion with Foster Creek at latitude tion without first obtaining an escort 32°59′16″ N, longitude 79°57′23″ W; thence or other approval from Commander, back proceeding along the eastern Naval Base, Charleston, when deemed shoreline to the terminus of the tribu- necessary and appropriately noticed by tary at latitude 32°59′49″ N, longitude him/her for security purposes or other 79°57′29″ W; thence back down the west- military operations. ern shoreline of the unnamed tributary (4) Personnel, vessels and other to latitude 32°59′15″ N, longitude watercraft, other than those specifi- 79°57′26″ W. The waters and associated cally authorized by Commanding Offi- marshes in this danger zone area are cer, U.S. Naval Weapons Station, subject to impact by rounds and rico- Charleston, SC, entering the restricted chets originating from a small arms area described in paragraph (a)(8) of range when firing is in progress. this section shall proceed at normal (13) Danger zone. Those portions of speed, and under no circumstances an- unnamed tributaries and associated chor, fish, loiter, or photograph in any marshes of Back River and Foster way until clear of the restricted area. Creek that are generally described as (5) Personnel, vessels and other lying south of the main shoreline and watercraft, other than those specifi- extending southward to the northern cally authorized by Commanding Offi- shoreline of Big Island (U.S. Naval Res- cer, U.S. Naval Weapons Station, ervation). Specifically, the area begin- Charleston, SC, entering the areas de- ning at a point on the main shoreline scribed in paragraphs (a)(9) and (a)(10) 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, (9) The regulations in this section for fish, loiter, or photograph until clear of the danger zones described in para- the restricted area. graphs (a)(12) and (a)(13) of this section

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and the regulations described in para- (2) No person shall enter or remain in graphs (b) (4), (5) and (6) of this section, the water within the restricted areas. shall be enforced by the Commanding Ships transiting the areas will proceed Officer, Naval Weapons Station without delay and shall not, except as Charleston, SC, and such agencies as noted below, lie to or anchor within he/she may designate. the areas. (10) It is understood that none of the (i) Pleasure craft under 50 feet LOA restrictions herein will apply to prop- will not normally be affected; however, erly marked Federal vessels per- such craft may be required to stand forming official duties. It is further un- clear upon notification, in the event derstood that Federal employees will they are interfering with range oper- not take photographs from within the ation. above described restricted areas. (ii) Anchored commercial ships will (11) The unauthorized entering or be allowed to swing into the restricted crossing of the danger zones described area at the Shutes Folly Island site in paragraphs (a)(12) and (a)(13) of this when the range is not in use. Shutes section by all persons, watercraft and Folly Island Range usage will be indi- vessels is prohibited at all times unless cated by range house display of the specifically authorized by the Com- international DELTA signal flag. manding Officer of the U.S. Naval (iii) This section shall be enforced by the Commandant, Sixth Naval District, Weapons Station Charleston, SC. Charleston, South Carolina, and such [55 FR 3591, Feb. 2, 1990, as amended at 59 FR agencies as he may designate. 2916, Jan. 19, 1994; 61 FR 64997, Dec. 10, 1996; 62 FR 17553, Apr. 10, 1997; 68 FR 57624, Oct. 6, [42 FR 38177, July 27, 1977. Redesignated at 50 2003] FR 42696, Oct. 22, 1985, as amended at 62 FR 17553, Apr. 10, 1997]

§ 334.470 Cooper River and Charleston § 334.475 Brickyard Creek and tribu- Harbor, S.C.; restricted areas. taries and the Broad River at Beau- (a) The restricted areas. (1) Area No. 1 fort, SC. is that portion of the Cooper River be- (a) The areas: (1) That section of the ginning near the westerly shore north Atlantic Intracoastal Waterway of Shipyard Creek at ‘‘a’’ Latitude (AIWW), beginning at the confluence of 32°50′14″, Longitude 79°56′11″; thence to the AIWW and Albergottie Creek, being ‘‘b’’ Latitude 32°50′14″, Longitude that point on the west side of the 79°55′37″; thence to ‘‘c’’ Latitude AIWW navigational channel at latitude 32°49′41″, Longitude 79°55′37″; thence to 32.457226°, longitude 80.687770°, thence ‘‘d’’ Latitude 32°49′41″, Longitude continuing in a northerly direction 79°55′52″; thence to ‘‘e’’ Latitude along the western channel edge of the 32°49′47″, Longitude 79°56′09″; and thence AIWW to latitude 32.458580°, longitude returning to ‘‘a’’ Latitude 32°50′14″, 80.689181°, thence to latitude 32.460413°, Longitude 79°56′11″. longitude 80.689228°, thence to latitude (2) Area No. 2 is that portion of the 32.461459°, longitude 80.689418°, thence Cooper River beginning at a point west to latitude 32.464015°, longitude of Shutes Folly Island at ‘‘a’’ Latitude 80.690294°, thence to latitude 32.470255°, 32°46′27″, Longitude 79°55′31″; thence to longitude 80.690965°, thence to latitude ‘‘b’’ Latitude 32°46′39″, Longitude 32.471309°, longitude 80.691196°, thence 79°55′11″; thence to ‘‘c’’ Latitude to latitude 32.475084°, longitude 32°46′39″, Longitude 79°54′51″; thence to 80.692455°, thence to latitude 32.478161°, ‘‘d’’ Latitude 32°46′28″, Longitude 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

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line, thence heading south along the turning in a westerly direction and eastern shoreline of the MCAS to a continuing to latitude 32.467834°, lon- point along the northern shoreline of gitude 80.700080°, on the eastern shore Mulligan Creek at latitude 32.48993°, of the MCAS, thence heading in a longitude 80.69836°, thence southwest- southward direction along the shore- erly across Mulligan Creek to the line to latitude 32.463692°, longitude shoreline of the MCAS, latitude 80.698440°, thence turning in a westerly 32.48771°, longitude 80.70424°, thence direction and returning back to the continuing along the eastern shoreline starting point on the west edge of the to its intersection with Albergottie AIWW channel, latitude 32.463732°, lon- Creek, latitude 32.45360°, longitude gitude 80.690208°. 80.70128, thence continuing along the (4) That area contiguous to southern shoreline of the MCAS to the Albergottie Creek, situated within the intersection of Salt Creek with U.S. boundaries of the area described in Highway 21, latitude 32.45047°, lon- paragraph (a)(1) of this section, begin- gitude 80.73153°, thence back down the ning at a point on the southern shore- southern creek edge of Salt and line of the MCAS at latitude 32.452376°, Albergottie Creeks, thence back to the longitude 80.708263°, thence continuing starting point at the confluence of in a northerly direction along the Albergottie Creek and the AIWW, lati- shoreline, up to the shoreline adjacent tude 32.457226°, longitude 80.687770°. to Kimes Avenue and back down the NOTE: Situated within the boundaries opposite shoreline in a southerly direc- of the area described in paragraph tion to a point at latitude 32.450643°, (a)(1) of this section are the areas de- longitude 80.715653°, thence turning in scribed in paragraphs (a)(2), (a)(3), an easterly direction and returning (a)(4), (a)(5) and the danger zone de- back to the starting point at latitude scribed in paragraph (a)(10) of this sec- 32.452376°, longitude 80.708263°. tion. Since additional regulations (5) That area contiguous to Salt apply to these sections, they are ex- Creek, situated within the boundaries cluded from the area described in para- of the area described in paragraph graph (a)(1) given that they are more (a)(1) of this section, beginning at a strictly regulated. point on the southern shoreline of the (2) That portion of Mulligan Creek lo- MCAS and the edge of Salt Creek at cated on the southern side of the MCAS latitude 32.45194°, longitude 80.724473°, runway, beginning at a point on the thence continuing in a northerly direc- eastern shoreline of Mulligan Creek at tion along the shoreline of the MCAS latitude 32.48993°, longitude 80.69836°, and continuing on to its intersection thence southwesterly across Mulligan again with Salt Creek and adjacent to Creek to the shoreline of the MCAS, U.S. Highway 21, thence turning and latitude 32.48771°, longitude 80.70424°, continuing along the shoreline of Salt thence continuing in a northerly direc- Creek in an easterly direction and re- tion along the eastern shoreline of the turning back to the starting point at MCAS, thence in a northeasterly direc- latitude 32.45194°, longitude 80.724473°. tion along the and southern side of the (6) That section of the Atlantic Intra- MCAS runway, thence back down the coastal Waterway (AIWW), beginning eastern shoreline of Mulligan Creek to at the confluence of the AIWW and its starting point, latitude 32.48993°, Albergottie Creek, being that point on longitude 80.69836°. the west side of the AIWW navigational (3) That area adjacent to the Atlantic channel at latitude 32.457226°, longitude Intracoastal Waterway (AIWW), situ- 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°,

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longitude 80.691196°, thence to latitude the housing area northern boundary 32.475084°, longitude 80.692455°, thence line at latitude 32.471172°, longitude to latitude 32.478161°, longitude 80.809795°, thence proceeding a distance 80.691546°, thence to latitude 32.479191°, of 500 feet into the Broad River, lati- longitude 80.691486°, thence to latitude tude 32.471185°, longitude 80.811440°, 32.481817°, longitude 80.691939°, thence thence proceeding in a southerly direc- to latitude 32.493001°, longitude tion and maintaining a distance of 500 80.689835°, thence to latitude 32.494422°, feet from the shoreline to latitude longitude 80.688296°, thence crossing 32.449222°, longitude 80.804825°, thence the AIWW channel in a southeasterly back towards the shoreline to the point direction to a point on the east side of of beginning at latitude 32.449295°, lon- the AIWW and the marsh edge of bank, gitude 80.803205°. latitude 32.49343°, longitude 80.68699°, (10) (Danger zone). That portion of thence southward along the edge of the Mulligan Creek located adjacent to the AIWW and the waterward marsh edge MCAS firing range and the restricted of Ladies Island to a point on the west area described in paragraph (a)(2) of shoreline of Pleasant Point Peninsular, this section, beginning at a point on latitude 32.45806°, longitude 80.68668°, the western shoreline of Mulligan thence back across the AIWW naviga- Creek at latitude 32.48771°, longitude tional channel to the point of begin- 80.70424°, thence northeasterly across ning, latitude 32.457226°, longitude Mulligan Creek to the opposite shore- 80.687770°. line at latitude 32.48993°, longitude (7) That portion of Mulligan Creek, 80.69836°, thence continuing in a south- beginning at its northern mouth and easterly direction to an upland island confluence with McCalleys Creek, lati- bordering the northern shoreline of tude 32.50763°, longitude 80.69337°, Mulligan Creek at latitude 32.48579°, thence proceeding in a westerly direc- longitude 80.69706°, thence turning in a tion along the northern shoreline of southwesterly direction and crossing Mulligan Creek to its intersection with Mulligan Creek to a point on the east- Perryclear Drive bridge crossing, lati- ern shoreline of the MCAS at latitude tude 32.50534°, longitude 80.69960°, 32.48533°, longitude 80.70240°, thence thence back down the southern shore- continuing along the eastern shoreline line to its starting point at McCalleys of the MCAS to its starting point at Creek, latitude 32.50763°, longitude latitude 32.48771°, longitude 80.70424°. 80.69337°. (b) The regulation: (1) Unauthorized (8) That portion of Mulligan Creek, personnel, vessels and other watercraft beginning at the Perryclear Drive 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 whenever the MCAS is in Force Protec- terminus located at the northern end tion Condition Normal, Alpha or on the MCAS runway, latitude Bravo. Whenever the facility is in 32.49531°, longitude 80.70658°, thence Force Protection Condition Charlie or back down the southern shoreline to Delta, personnel, vessels and other its starting point at Perryclear Drive watercraft entering the restricted area bridge crossing, latitude 32.50534°, lon- described in paragraph (a)(6) of this gitude 80.69960°. section shall proceed at normal speed (9) (Laurel Bay Military Family Hous- and shall under no circumstances an- ing Area, Broad River). That section of chor, fish, loiter or photograph in any the Broad River, beginning on the way until clear of the restricted area. western shoreline of Laurel Bay Mili- (3) The public shall have unrestricted tary Family Housing Area boundary access and use of the waters described line, at latitude 32.449295°, longitude in paragraphs (a)(1), (a)(7), and (a)(9) of 80.803205°, thence proceeding in a north- this section whenever the MCAS is in erly direction along the shoreline to Force Protection Condition Normal

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Alpha or Bravo. Whenever the facility to a point at latitude 32°21′40″ N, lon- is in Force Protection Condition Char- gitude 80°44′54″ W, thence to a point at lie or Delta, personnel, vessels and latitude 32°22′20″ N, longitude 80°43′52″ other watercraft are prohibited from W, thence to a point on the shoreline entering the waters described in para- at latitude 32°21′34″ N, longitude graphs (a)(1), (a)(7), and (a)(9) of this 80°42′48″ W, thence follow the mean section, unless they first obtain an es- high water line southwesterly around cort or other approval from the Com- Horse Island approximately 2.3 nau- mander, MCAS, Beaufort, South Caro- tical miles to a point at latitude lina. 32°21′22″ N, longitude 80°42′30″ W, thence (4) Unauthorized personnel, vessels to a point on the shoreline at latitude and other watercraft shall not enter 32°20′56″ N, longitude 80°41′50″ W, thence the danger zone described in paragraph follow the mean high water line south- (a)(10) of this section at any time. westerly approximately 2.2 nautical (5) All restricted areas and danger miles to terminate at the southern- zones will be marked with suitable most portion of the area (the starting warning signs. point). (6) It is understood that none of the (2) The danger zone on the Broad restrictions herein will apply to prop- River shall encompass all navigable erly marked Federal vessels per- waters of the United States, as defined forming official duties. at 33 CFR part 329, adjacent to the ex- (7) It is further understood that un- isting pistol range. This area is bound- authorized personnel will not take pho- ed by a line connecting the following tographs from within the above de- coordinates: Commencing from the scribed restricted areas. shoreline at the easternmost portion of (c) Enforcement: The regulation in the area, at latitude 32°19′36″ N, lon- this section, promulgated by the gitude 80°42′34″ W, thence to a point at United States Army Corps of Engi- latitude 32°19′23″ N, longitude 80°42′50″ neers, shall be enforced by the Com- W, thence to a point at latitude manding Officer, MCAS Beaufort, or 32°19′06″ N, longitude 80°43′31″ W, thence persons or agencies as he/she may au- to a point at latitude 32°19′28″ N, lon- thorize including any Federal Agency, gitude 80°43′54″ W, thence to a point at State, Local or County Law Enforce- latitude 32°19′59″ N, longitude 80°43′28″ ment agency, or Private Security Firm W, thence to a point on the shoreline in the employment of the facility, so at latitude 32°20′10″ N, longitude long as the entity undertaking to en- 80°43′10″ W, and thence follow the mean force this Restricted Area has the legal high water line southeasterly approxi- authority to do so under the appro- mately 0.75 nautical miles to terminate priate Federal, State or local laws. at the easternmost portion of the area [70 FR 43780, July 29, 2005] (the starting point). (b) The regulations. (1) All persons, § 334.480 Archers Creek, Ribbon vessels, or other watercraft are prohib- Creek, and Broad River; U.S. Ma- ited from entering, transiting, anchor- rine Corps Recruit Depot, Parris Is- ing, or drifting within the danger zones land, South Carolina; danger zones. described in paragraph (a) of this sec- (a) The areas. (1) The danger zone on tion when the adjacent rifle or pistol Archers Creek (between the Broad ranges on U.S. Marine Corps Recruit River and Beaufort River), Ribbon Depot Parris Island are in use. Creek, and the Broad River shall en- (2) Firing over these ranges will nor- compass all navigable waters of the mally take place between the hours of United States, as defined at 33 CFR 6 a.m. and 5 p.m., Monday through Fri- part 329, adjacent to the existing rifle day, and from 6 a.m. to 12 p.m. on Sat- range. This area is bounded by a line urday, National holidays excepted, and connecting the following coordinates: at other times as designated and prop- Commencing from the shoreline at the erly published by the Commanding southernmost portion of the area, at General, U.S. Marine Corps Recruit latitude 32°19′59″ N, longitude 80°42′54″ Depot Parris Island. W, thence to a point at latitude (3) Warning signs indicating the peri- 32°20′05″ N, longitude 80°43′16″ W, thence ods when the rifle range is in use will

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be posted by the entrances to Archers cept when aerial gunnery or bombing Creek and Ribbon Creek. In addition, practice is being conducted. warning signs will be placed along the (2) Prior to conducting each practice, shoreline on the Broad River near the the entire area will be patrolled by air- upstream and downstream boundaries craft to warn any persons and of both the rifle range and the pistol watercraft found in the vicinity that range. such practice is about to take place. (4) Warning flags shall be flown from The warning will be by ‘‘buzzing,’’ (i.e., the top of the lookout tower and on the by flying low over the person or rifle range and pistol range during ac- watercraft.) Any person or watercraft tual firing. In addition, a sentry look- shall, upon being so warned, imme- out will be on duty during actual firing diately leave the area designated and and a patrol boat will be accessible for shall remain outside the area until clearing the area and warning all ap- practice has ceased. proaching vessels of the danger zone (3) The regulations in this section and the schedule of firing. shall be enforced by the Commanding (5) During storms or similar emer- Officer, 2d Bombardment Wing, Hunter gencies these areas shall be opened to Air Force Base, Savannah, Georgia, vessels to reach safety without undue and such agencies as he may designate. delay for the preservation of life and [16 FR 818, Jan. 30, 1951, as amended at 16 FR property. 2397, Mar. 14, 1951. Redesignated at 50 FR (c) Enforcement. The regulations in 42696, Oct. 22, 1985, as amended at 62 FR 17554, this section shall be enforced by the Apr. 10, 1997] Commanding General, U.S. Marine Corps Recruit Depot Parris Island and/ § 334.500 St. Johns River, Atlantic Ocean, Sherman Creek; restricted or such persons or agencies as he/she areas and danger zone, Naval Sta- may designate. tion Mayport, Florida. [76 FR 62631, Oct. 11, 2011] (a) The areas. (1) The St. Johns River restricted area and the Atlantic Ocean § 334.490 Atlantic Ocean off Georgia restricted area described in paragraphs Coast; air-to-air and air-to-water (a)(2) and (a)(3) of this section, respec- gunnery and bombing ranges for tively, are contiguous but each area is fighter and bombardment aircraft, described separately for clarification. U.S. Air Force. (2) St. Johns River restricted area. This (a) The danger zones—(1) For fighter restricted area shall encompass all aircraft. An area approximately 30 navigable waters of the United States, miles offshore between Wassaw Sound as defined at 33 CFR 329, within the and Brunswick, Georgia, described as area bounded by a line connecting the follows: Beginning at latitude 31°55′30″, following coordinates: Commencing longitude 80°24′00″; thence 90° true to from the shoreline at latitude longitude 80°16′00″; thence southwest- 30°23′52.97″ N, longitude 081°25′36.51″ W; erly to latitude 31°10′00″, longitude thence to latitude 30°23′56.71″ N, lon- 80°43′00″; thence 270° to longitude gitude 081°25′36.51″ W; then the line me- 80°51′00″; and then northeasterly to the anders irregularly, follow the shoreline point of beginning. at a distance of 380 feet seaward from (2) For bombardment aircraft. An area the mean high water line to a point at approximately 70 miles off shore be- latitude 30°23′54.20″ N, longitude tween Savannah Beach and Brunswick, 081°24′14.11″ W, thence proceed directly Georgia, described as follows: Begin- to latitude 30°23′46.33″ N, longitude ning at latitude 32°00′00″, longitude 081°24′03.73″ W, then the line meanders 79°43′00″; thence 90° true to longitude irregularly, follow the shoreline at a 79°07′00″; thence southwesterly to lati- distance of 380 feet seaward from the tude 31°10′00″, longitude 79°24′00″; thence mean high water line to a point at lati- 270° true to longitude 80°00′00″; and 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

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jetty at latitude 30°23′50.06″ N, lon- (2) Atlantic Ocean restricted area. All gitude 081°23′28.26″ W. persons, vessels, or other craft are pro- (3) Atlantic Ocean restricted area. hibited from entering, transiting, drift- From the last point identified in para- ing, dredging, or anchoring within the graph (a)(2) of this section, latitude area described in paragraph (a)(3) of 30°23′50.06″ N, longitude 081°23′28.26″ W, this section without the permission of proceed to a point at latitude the Commanding Officer, NAVSTA 30°23′49.12″ N, longitude 81°23′28.10″ W, Mayport or his/her authorized rep- then the line meanders irregularly, fol- resentative. This restriction will be in low the shoreline at a distance of 380 place 24 hours a day, seven days a feet seaward from the mean high water week. Warning signs notifying individ- line to a point at latitude 30°22′54.37″ N, uals of the restricted area boundary longitude 081°23′44.09″ W, thence pro- and prohibiting entry into the area will ceed directly to shore to terminate at be posted at 500-foot intervals along latitude 30°22′54.46″ N, longitude the property boundary. 081°23′48.44″ W. (3) Sherman Creek restricted area. All (4) Sherman Creek restricted area. This persons, vessels, or other craft are pro- restricted area shall encompass all hibited from entering, transiting, drift- navigable waters of the United States, ing, dredging, or anchoring within the as defined at 33 CFR part 329, to in- area described in paragraph (a)(4) of clude Sherman Creek, its tributaries this section without the permission of and associated tidal marshes located the Commanding Officer, NAVSTA Mayport or his/her authorized rep- within the NAVSTA Mayport area resentative. This restriction will be in boundaries described in this section. place 24 hours a day, seven days a The restricted area is completely en- week. Warning signs notifying individ- circled by roadways and is bordered on uals of the restricted area boundary the south by Wonderwood Expressway, and prohibiting entry into the area will on the west by SR A1A, on the north by be posted at 500-foot intervals along Perimeter Road, and on the east by the property boundary where prac- Mayport Road. ticable (e.g., not in the wetlands). In (5) Danger zone. The danger zone shall addition, a floating Small Craft Intru- encompass all navigable waters of the sion Barrier will be placed across Sher- United States, as defined at 33 CFR man Creek just east of the A1A bridge part 329, within the area bounded by a and another will be placed across tribu- line connecting the following coordi- taries to Sherman Creek just north of nates: Commencing from the shoreline the Wonderwood Expressway. ° ′ ″ at latitude 30 24 00.31 N, longitude (4) Danger zone. During periods of 081°25′06.02″ W; thence to latitude munitions movement at wharves Bravo 30°24′11.16″ N, longitude 081°25′03.90″ W; and Charlie, no person or vessel shall thence to latitude 30°24′00.62″ N, lon- be allowed to remain within the 1,250- gitude 081°24′10.13″ W; thence to a point foot Explosive Safety Quantity-Dis- on the shoreline riprap at latitude tance arcs generated by the activity. 30°23′41.26″ N, longitude 081°24′08.82″ W. NAVSTA Mayport will not announce or (b) The regulations—(1) St. Johns River publish notification prior to enforcing restricted area. All persons, vessels, or this regulation due to the unacceptable other craft are prohibited from enter- security threat posed by advance pub- ing, transiting, drifting, dredging, or lic notice of military munitions move- anchoring within the area described in ments. paragraph (a)(2) of this section without (c) Enforcement. The regulations in the permission of the Commanding Of- this section shall be enforced by the ficer, NAVSTA Mayport or his/her au- Commanding Officer, NAVSTA thorized representative. This restric- Mayport and/or such persons or agen- tion will be in place 24 hours a day, cies as he/she may designate. Military seven days a week. Warning signs noti- vessels will patrol the areas identified fying individuals of the restricted area in this section 24 hours a day, 7 days a boundary and prohibiting entry into week. Any person or vessel encroaching the area will be posted at 500-foot in- within the areas identified in this sec- tervals along the property boundary. tion will be asked to immediately leave

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the area. Failure to do so will result in 200 yards in a northwesterly direction the forceful removal of the person or to latitude 30°24′49.84″ N, longitude vessel from the area in question. 81°32′23.12″ W. From this point the line [75 FR 19885, Apr. 16, 2010] 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. 30°23′58.0″ N 81°37′15.0″ W From the last point identified in para- graph (a)(2) of this section, latitude (3) The westerly waterward coordi- 30°23′33.68″ N, longitude 81°30′32.61″ W, nate being: proceed west southwesterly to a point 30°23′53.0″ N 81°37′24.4″ W at latitude 30°23′30.93″ N, longitude (b) The regulations. (1) The use of 81°30′57.14″ W. waters as previously described by pri- (4) Area 3. From the last point identi- vate and/or commercial floating craft fied in paragraph (a)(3) of this section, or persons is prohibited with the excep- latitude 30°23′30.93″ N, longitude tion of vessels or persons that have 81°30′57.14″ W, the line meanders irregu- been specifically authorized to do so by larly in a westerly direction, following the Officer in Charge of the Navy Fuel the shoreline at a distance of 100 yards Depot. from the mean high water line to a (2) This regulation shall be enforced point at latitude 30°23′26.34″ N, lon- by the Officer in Charge, U.S. Navy gitude 81°31′49.73″ W, thence proceed Fuel Depot, Jacksonville, Florida, and north to terminate at a point on the such agencies as the officer in charge shoreline at latitude 30°23′29.34″ N, lon- may designate. gitude 81°31′49.79″ W. [44 FR 12192, Mar. 6, 1979, as amended at 45 (b) The regulations. (1) With the ex- FR 27755, Apr. 24, 1980. Redesignated at 50 FR ception of local, State and federal law 42696, Oct. 22, 1985, as amended at 62 FR 17554, enforcement entities, all persons, ves- Apr. 10, 1997] sels, and other craft are prohibited from entering, transiting, anchoring, § 334.515 Blount Island Command and or drifting within the areas described Marine Corps Support Facility– Blount Island; Jacksonville, Florida in paragraph (a) of this section for any restricted areas. reason without the permission of the Commanding Officer, Marine Corps (a) The areas. (1) The restricted areas shall encompass all navigable waters of Support Facility–Blount Island, Jack- the United States, as defined at 33 CFR sonville, Florida, or his/her authorized 329, contiguous to the area identified as representative. Blount Island Command and Marine (2) The restriction noted in para- Corps Support Facility–Blount Island graph (b)(1) of this section is in effect (MCSF–BI). The three areas are contig- 24 hours a day, 7 days a week. uous but each area is described sepa- (3) Warning signs will be posted near rately below for clarification. the MCSF–BI shoreline advising boat- (2) Area 1. Commencing from the ers of the restrictions in this section. shoreline at the northwest portion of (c) Enforcement. (1) The regulations in the facility, at latitude 30°24′46.10″ N, this section shall be enforced by the longitude 81°32′19.01″ W, thence proceed Commanding Officer, Marine Corps

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Support Facility–Blount Island, Jack- George by regular cargo-carrying ves- sonville, Florida, and/or such persons sels proceeding along established lanes or agencies as he/she may designate. for such vessels. When any such vessel (2) Enforcement of the regulations in is within the danger zone the officer in this section will be accomplished uti- charge of the bombing operations will lizing the Department of Defense Force cause the cessation or postponement of Protection Condition (FPCON) System. such operations until the vessel has From the lowest security level to the cleared the area. The vessel shall pro- highest, Force Protection Conditions ceed on its normal course and shall not levels are titled Normal, Alpha, Bravo, delay its progress. Charlie and Delta. The regulations in (5) The regulations in this section this section will be enforced as noted in shall be enforced by the Commander, paragraph (b) of this section, or at the Naval Air Bases, Sixth Naval District, discretion of the Commanding Officer. Naval Air Station, Jacksonville, Flor- [73 FR 54073, Sept. 18, 2008] ida, and such agencies as he may des- ignate. § 334.520 Lake George, Fla.; naval [16 FR 10992, Oct. 30, 1951. Redesignated at 50 bombing area. FR 42696, Oct. 22, 1985, as amended at 62 FR (a) The danger zone. An area in the 17554, Apr. 10, 1997] eastern part of Lake George described as follows: Beginning at latitude § 334.525 Atlantic Ocean off John F. 29°13′16″, longitude 81°34′28″; thence Kennedy Space Center, FL; re- along a line parallel to the navigation stricted area. channel to latitude 29°20′05″, longitude (a) The area. The restricted area shall 81°36′15″; thence along a line about encompass all navigable waters of the three-fifths mile southerly from the United States, as defined at 33 CFR Putnam-Volusia County line to lati- part 329, contiguous to the area off- tude 29°20′19″, longitude 81°35′12″; thence shore of the John F. Kennedy Space to latitude 29°18′36″, longitude 81°33′53″; Center (KSC), Florida. The area is thence to latitude 29°13′22″, longitude bounded by a line connecting the fol- 81°32′38″; and thence to the point of be- lowing coordinates: Commencing from ginning. The area will be marked by the shoreline at the southwest portion appropriate warnings signs at the five of the area, at latitude 28°35.008′ N, lon- corners and at the midpoint of the gitude 80°34.448′ W, thence directly to longer side. latitude 28°35.716′ N, longitude 80°32.938′ (b) The regulations. (1) Bombing oper- W, thence follow the mean high water ations will be confined, as nearly as line northerly at a distance of 1.5 nau- practicable, to the north-south center tical miles to a point at latitude line of the danger zone, keeping well 28°43.566′ N, longitude 80°39.094′ W, clear of the navigation channel. thence proceed westerly to terminate (2) Prior to each bombing operation at a point on the shoreline at latitude the danger zone will be patrolled by 28°43.566′ N, longitude 80°41.189′ W. naval aircraft which will warn all per- (b) The regulation. (1) The area de- sons and vessels to leave the area by scribed in paragraph (a) of this section ‘‘zooming’’ a safe distance to the side will be closed when it is deemed nec- and at least 500 feet above the surface. essary by the Director, KSC or his/her Upon being so warned, such persons designee during launch operations or to and vessels shall leave the danger zone address any perceived threat to the fa- immediately and shall not re-enter the cilities. With the exception of local, danger zone until bombing operations State, and Federal law enforcement en- have ceased. tities, all persons, vessels, and other (3) At intervals of not more than craft are prohibited from entering, three months, public notices will be transiting, anchoring, or drifting with- issued that bombing operations are in the restricted area when it is closed, continuing. Such notices will appear in unless they have the permission of the the local newspaper and in ‘‘Notice to Director, KSC or his/her designee. Mariners’’. (2) Due to the nature of this re- (4) The regulations in this section stricted area, closures may occur with shall not deny passage through Lake little advance notice. Closure of the

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area shall be noticed by warning state- part 329, within the Banana River con- ments displayed on the electronic mar- tiguous to the area offshore of Cape Ca- quee signs located at the gates of the naveral Air Force Station, Florida. The KSC and on an electronic marquee sign area is bounded by a line connecting located on the north side of the Port the following coordinates: Commencing Canaveral ship channel between the from the shoreline at the southeast Trident and Poseidon wharfs during portion of the area, at approximately the duration of the closure. If time per- latitude 28°25.17′ N, longitude 80°36.24′ mits, additional information will be 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 § 334.530 Canaveral Harbor adjacent the Kennedy Space Center NASA to the Navy pier at Port Canaveral, Causeway East Roadway at approxi- Fla.; restricted area. mately latitude 28°30.74′ N, longitude (a) The area. The waters of Canaveral 80°36.63′ W. Harbor within a line circumscribing (b) The regulation. (1) The area de- the water approaches to the Navy pier scribed in paragraph (a) of this section along the northeasterly edge of the Ca- will be closed when it is deemed nec- naveral Harbor turning basin at a dis- essary by the Commander, 45th Space tance of 200 feet from all portions of Wing or his/her designee to address any the pier including the dolphins 200 feet perceived threat to the local area. With off the northwest end and 75 feet off the exception of local, State, and Fed- the southeast end of the pier. eral law enforcement entities, all per- (b) The regulations. (1) All unauthor- sons, vessels, and other craft are pro- ized vessels and personnel are prohib- hibited from entering, transiting, an- ited from the area during specified pe- choring, or drifting within the re- riods. stricted area when it is closed without (2) The area will be closed when a red the permission of the Commander, 45th square flag (bravo), and depending on Space Wing or his/her designee. the status of the hazardous operation, (2) Due to the nature of this re- either an amber or red beacon, steady stricted area, closures may occur with burning or rotating, day or night, when very little advance notice. Closure of displayed from any of the three berths the area shall be noticed by the display along the wharf. of a red beacon located at the southern (3) Lighted signs indicating the re- entrance to Cape Canaveral Air Force stricted area will be placed on the pier Station. Information will be provided and adjacent thereto. via marine radio broadcast during the (4) The regulations in this section duration of the area closure. shall be enforced by the Commanding (c) Enforcement. The regulations in Officer, U.S. Naval Ordnance Test Unit, this section shall be enforced by the AFMTC, Patrick Air Force Base, Flor- Commander, 45th Space Wing, Patrick ida. Air Force Base, Florida and/or such [25 FR 12244, Nov. 30, 1960. Redesignated at 50 persons or agencies as he/she may des- FR 42696, Oct. 22, 1985, as amended at 61 FR ignate. 34733, July 3, 1996] [74 FR 36401, July 23, 2009] § 334.540 Banana River at the Eastern Range, 45th Space Wing, Cape Ca- § 334.560 Banana River at Patrick Air naveral Air Force Station, FL; re- Force Base, Fla.; restricted area. stricted area. (a) The area. The waters within an (a) The area. The restricted area shall area beginning at a point located at encompass all navigable waters of the latitude 28°16′19″ N., longitude 80°36′28″ United States, as defined at 33 CFR W.; proceed west to latitude 28°16′19″ N.,

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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 described and extending from the mean [51 FR 1370, Jan. 13, 1986, as amended at 70 high water line waterward a minimum FR 67371, Nov. 7, 2005] distance of approximately 600 feet. (b) The regulations. (1) All unauthor- § 334.590 Atlantic Ocean off Cape Ca- ized persons and watercraft shall stay naveral, Fla.; Air Force missile test- clear of the area at all times. ing area, Patrick Air Force Base, (2) The regulations in this section Fla. shall be enforced by the Commander, (a) The danger zone. An area in the 45th Space Wing, Patrick Air Force Atlantic Ocean immediately offshore Base, Florida, and such agencies as he/ from Cape Canaveral defined by a line she may designate. 3 nautical miles from shore, said area [29 FR 3702, Mar. 25, 1964. Redesignated at 50 terminating in the north at a line on a FR 42696, Oct. 22, 1985, and amended at 58 FR bearing of 70° from a point on shore at 37609, July 12, 1993; 62 FR 17554, Apr. 10, 1997; approximate latitude 28°35′ north and 70 FR 67371, Nov. 7, 2005] in the south at a line on a bearing of ° § 334.570 Banana River near Orsino, 115 from a point on the shore at ap- Fla.; restricted area. proximate latitude 28°25′ north. (b) (1) All unauthor- (a) The area. That part of Banana The regulations. River N of the NASA Banana River ized persons and vessels are prohibited Causeway near Orsino and extending from operating within the danger zone above the head of said river to the N during firing periods to be specified by and westerly to Kennedy Parkway the Commander, Air Force Missile Test North. Center, Patrick Air Force Base. (b) The regulations. (1) All unauthor- (2) Warning signals will be used to ized craft and personnel shall stay warn persons and vessels that the dan- clear of the area at all times. ger zone is active. These signals will be (2) The regulations in this section in the form of a large red ball and a red shall be enforced by the Director, John flashing high intensity beacon. One sig- F. Kennedy Space Center, NASA, Cocoa nal will be located on a 90-foot pole Beach, Fla. near the shoreline at the north end of [30 FR 8831, July 14, 1965. Redesignated at 50 the danger zone, and one signal will be FR 42696, Oct. 22, 1985] located on a 90-foot pole near the shoreline about one-half mile north of § 334.580 Atlantic Ocean near Port Ev- the south limit of the danger zone. An erglades, Fla. amber rotating beacon and warning (a) The area. Beginning at a point lo- sign will be erected on the north side of cated at latitude 26°05′30″ N.—longitude the Port Canaveral ship channel to in- 80°03′30″ W.; proceed west to latitude dicate to vessels about to leave the ° ′ ″ ° ′ ″ 26 05 30 N.—longitude 80 06 30 W.; harbor that the danger zone is in use. ° ′ ″ Thence, southerly to latitude 26 03 00 (3) When the signals in paragraph N.—longitude 80°06′42″ W.; Thence, east (b)(2) of this section are displayed, all to latitude 26°03′00″ N.—longitude persons and vessels, except those au- 80°05′44″ W.; Thence, south to latitude thorized personnel and patrol vessels, 26°01′36″ N.—longitude 80°05′44″ W.; Thence, east to latitude 26°01′36″ N.— will immediately leave the danger zone longitude 80°03′30″ W.; Thence, north to by the most direct route and stay out the point of beginning. until the signals are discontinued. (b) The regulations. (1) Anchoring, (4) The regulations in this paragraph trawling, dredging, or attaching any shall be enforced by the Commander, object to the submerged sea bottom Air Force Missile Test Center, Patrick

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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 persons or agencies as he/she may des- § 334.595 Atlantic Ocean off Cape Ca- ignate. naveral; 45th Space Wing, Cape Ca- 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 § 334.600 TRIDENT Basin adjacent to encompass all navigable waters of the Canaveral Harbor at Cape Canav- United States, as defined at 33 CFR eral Air Force Station, Brevard part 329, contiguous to the area off- County, Fla.; danger zone. shore of Cape Canaveral Air Force Sta- (a) The danger zone. From the west tion, Florida. The area is bounded by a side of the access channel at latitude line connecting the following coordi- 28°24′37″, longitude 80°35′35″ to the east nates: Commencing from the shoreline side of the access channel at latitude at the northwest portion of the area, at 28°24′37″, longitude 80°35′26″ and the en- latitude 28°35.008′ N, longitude 80°34.448′ tire basin. W, thence directly to latitude 28°35.716′ N, longitude 80°32.938′ W, thence fol- (b) Regulations. (1) No unauthorized lowing the mean high water line at a person or vessel shall enter the area. distance of 1.5 nautical miles offshore The area will be used for loading and proceed southerly to a point at latitude unloading explosives. The entrance to 28°24.187′ N, longitude 80°33.443′ W, the basin will be marked by suitable thence proceeding westerly to termi- boundary signs. nate at a point on the shoreline at lati- (2) The regulations will be enforced tude 28°24.69′ N, longitude 80°35.05′ W. by the Commanding Officer, Naval Ord- (b) The regulation. (1) The area de- nance Test Unit, Patrick Air Force scribed in paragraph (a) of this section Base, Florida, or such agencies he may will be closed when it is deemed nec- designate. essary by the Commander, 45th Space [41 FR 17898, Apr. 29, 1976. Redesignated at 50 Wing or his/her designee to address any FR 42696, Oct. 22, 1985, as amended at 62 FR perceived threat to the local area. With 17554, Apr. 10, 1997] the exception of local, State, and Fed- eral law enforcement entities, all per- § 334.605 Meloy Channel, U.S. Coast sons, vessels, and other craft are pro- Guard Base Miami Beach, Florida; hibited from entering, transiting, an- restricted area. choring, or drifting within the re- (a) The area. The restricted area shall stricted area when it is closed without encompass all navigable waters of the the permission of the Commander, 45th United States as defined at 33 CFR part Space Wing or his/her designee. 329, within the area bounded by a line (2) Due to the nature of this re- connecting the following coordinates: stricted area, closures may occur with Commencing from the shoreline at very little advance notice. Closure of latitude 25°46′20.07″ N, longitude the area shall be noticed by the display 080°08′50.94″ W; thence to latitude of a red ball and red beacon from a 90- 25°46′22.69″ N, longitude 080°08′44.01″ W; foot pole near the shoreline at approxi- thence to latitude 25°46′22.02″ N, lon- mately latitude 28°35.0′ N, longitude gitude 080°08′42.14″ W; thence to lati- 80°34.8′ W and from a 90-foot pole near tude 25°46′12.23″ N, longitude the shoreline at approximately latitude 080°08’35.33″ W; thence to latitude 25°46′ 28°25.3′ N, longitude 80°35.0′ W. Informa- 09.13″ N, longitude 080°08′40.74″ W; tion will be provided via marine radio thence to latitude 25°46’11.63″ N, lon- broadcast and a warning statement dis- gitude 080°08’43.36″ W; thence to lati- played on an electronic marquee sign tude 25°46′17.22″ N, longitude located on the north side of the Port 080°08′47.17″ W; thence to latitude Canaveral ship channel between the 25°46′17.15″ N, longitude 080°08′47.62″ W;

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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 boundary and prohibiting all unauthor- shoreline of the Harry S. Truman ized entry into the area will be posted Annex, including a portion of the Tru- along the property boundary and, as man Annex Harbor entrance, to Lati- appropriate, on the piers of the Mac- tude 24°33′23″ N., Longitude 81°48′37″ W.; Arthur Causeway Bridge adjacent to thence southeasterly to the shore (sea the restricted area. wall) at Latitude 24°33′19.3″ N., Lon- (2) All persons, vessels, and other gitude 81°48′28.7″ W. (Area #2). craft are prohibited from entering, (3) All waters within 100 yards of the transiting, drifting, dredging, or an- U.S. Coast Guard Station and the west- choring within the restricted area de- erly end of Trumbo Point Annex begin- scribed in paragraph (a) of this section ning at the shore at Latitude 24°33′47.6″ without prior approval from the Base N., Longitude 81°47′55.6″ W.; thence Commander, U.S. Coast Guard Base westerly to Latitude 24°33′48″ N., Lon- Miami Beach or his/her designated rep- gitude 81°48′00.9″ W.; thence due south resentative. to Latitude 24°33′45.8″ N., Longitude (3) Fishing, trawling, net-fishing, and 81°48′00.9″ W.; thence westerly to Lati- other aquatic activities are prohibited tude 24°33′47″ N., Longitude 81°48′12″ W.; in the restricted area without prior ap- thence northerly to Latitude 24°34′06.2″ proval from the Base Commander, U.S. N., Longitude 81°48′10″ W.; thence eas- Coast Guard Base Miami Beach or his/ terly to a point joining the restricted her designated representative. area around Fleming Key at Latitude (4) The restrictions described in para- 24°34′03.3″ N., Longitude 81°47′55″ W. graph (b) of this section are in effect 24 (Area #3). hours a day, 7 days a week. (4) Beginning at the last point des- (c) Enforcement. The regulations in ignated in area 3 at Latitude 24°34.0550′ this section shall be enforced by the N., Longitude 81°47.9166′ W.; proceed in Base Commander, U.S. Coast Guard a northwesterly direction to a point at Base Miami Beach and/or such persons Latitude 24°34.2725′ N., Longitude or agencies as he/she may designate. 81°48.1304′ W.; thence proceed in a [77 FR 42652, July 20, 2012] northeasterly direction to a point at Latitude 24°34.3562′ N., Longitude § 334.610 Key West Harbor, at U.S. 81°48.0192′ W.; thence proceed in a Naval Base, Key West, Fla.; naval northwesterly direction to a point at restricted areas and danger zone. Latitude 24°34.4506′ N., Longitude (a) The areas. (1) All waters within 100 81°48.1444′ W.; thence proceed in a yards of the south shoreline of the northwesterly direction to a point at Harry S. Truman Annex, beginning at Latitude 24°34.5619′ N., Longitude a point on the shore at Latitude 81°48.1873′ W.; thence proceed in a 24°32′45.3″ N., Longitude 81°47′51″ W.; northeasterly direction to a point at

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Latitude 24°34.9084′ N., Longitude ing the areas at night must display 81°48.0945′ W.; thence proceed in a lights as required by Federal laws and northeasterly direction to a point at Coast Guard regulations or, if no con- Latitude 24°34.9809′ N., Longitude stant lights are required, then the ves- 81°47.9400′ W.; proceed in a general sel must display a bright white light northerly direction maintaining a dis- showing all around the horizon, tance of 100 yards from the shoreline of (i) The channel, approximately 75 Fleming Key, continue around Fleming yards in width, extending from the Key to a point easterly of the south- northwest corner of Pier D–3 of east corner of Fleming Key at Latitude Trumbo Point Annex, eastward be- 24°34.0133′ N., Longitude 81°47.6250′ W.; neath the Fleming Key bridge and thence easterly to Latitude 24°33.9600′ along the north shore of Trumbo Point N., Longitude 81°47.3333′ W.; thence Annex (area #3). southerly to a point on the shore at (ii) A channel of 150 feet in width Latitude 24°33.9117′ N., Longitude which extends easterly from the main 81°47.3450′ W. The Department of the ship channel into Key West Bight, the Navy plans to install buoys along that northerly edge of which channel passes portion of the restricted area boundary 25 feet south of the Trumbo Point which marks the outer edge of the ex- Annex piers on the north side of the plosive hazard safety distance require- Bight. While the legitimate access of ments. privately owned vessels to facilities of (5) All waters contiguous to the Key West Bight is unimpeded, it is pro- southwesterly shoreline of Boca Chica hibited to moor, anchor, or fish within Key beginning at a point on the south- 50 feet of any U.S. Government-owned west shoreline at Latitude 24°33′24″ N., pier or craft (area #3). Longitude 81°42′30″ W.; proceed due (iii) The dredged portion of Boca south 100 yards to Latitude 24°33′20.4″ Chica channel from its seaward end to N., Longitude 81°42′30″ W.; thence, a point due south of the east end of the maintaining a distance of 100 yards Boca Chica Bridge (area #5). from the shoreline, proceed westerly (iv) All of the portion of Restricted and northerly to Latitude 24°34′03″ N., Area No. 2 that lies between the Tru- Longitude 81°42′47″ W.; thence due man Annex Mole and the Key West north to a point at the easterly end of Harbor Range Channel. The transit the U.S. Highway 1 (Boca Chica Chan- zone extends to the northeasterly cor- nel) bridge at Latitude 24°34′39″ N., ner of the Truman Annex Mole, thence Longitude 81°42′47″ W. (Area #5). to the northwesterly end of the break- (6) Danger zone. All waters within an water at Latitude 24°33′21.3″ N, Lon- area along the northeast side of the gitude 81°48′32.7″ W. Naval Air Station on Boca Chica Key (3) Stopping or landing by any person defined by a line beginning at latitude and/or any vessel, other than Govern- 24°35.472′ N., longitude 81°41.824′ W.; ment-owned vessels and specifically thence proceed in a northerly direction authorized private craft in any of the to a point at latitude 24°36.289′ N., lon- restricted areas or danger zone de- gitude 81°41.437′ W.; thence proceed scribed in paragraph (a) of this section westerly to a point at latitude 24°36.392′ is prohibited. N., longitude 81°41.970′ W.; thence to a (4) Vessels using the restricted chan- point on shore at latitude 24°35.698′ N., nel areas described in paragraph (b)(2) longitude 81°41.981′ W. (i), (ii), (iii), and (iv) of this section (b) The Regulations: (1) Entering or shall proceed at speeds commensurate crossing Restricted Areas #1 and #4 and with minimum wake. the Danger Zone (Area #6) described in (c) The regulations in this section paragraph (a) of this section, by any shall be enforced by the Commanding person or vessel, is prohibited. Officer, Naval Air Station, Key West, (2) Privately owned vessels, properly Florida, and such agencies as he/she registered and bearing identification in may designate. accordance with Federal and/or State [54 FR 7033, Feb. 16, 1989, as amended at 59 laws and regulations may transit the FR 48802, Sept. 23, 1994; 62 FR 17554, Apr. 10, following portions of restricted areas 1997; 70 FR 67371, Nov. 7, 2005; 72 FR 44973, #2, #3 and #5. NOTE: All vessels enter- Aug. 10, 2007]

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§ 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 longitude 82°06′30″; thence easterly to training area except when the oper- latitude 24°25′00″, longitude 81°57′00″; ations being conducted are of such na- thence southwesterly to latitude ture that the exclusion of watercraft is 23°30′00″, longitude 82°19′00″; thence required in the interest of safety or for westerly to latitude 23°30′00″, longitude accomplishment of the mission, or is 82°46′00″; thence northwesterly to lati- considered important to the national tude 23°52′30″, longitude 83°11′00″; thence security. northerly to latitude 24°25′00″, lon- (3) When the warning to navigation gitude 83°11′00″; thence easterly to lati- interests states that bombing and tude 24°25′00″, longitude 83°08′00″; thence strafing operations will take place over clockwise along the arc of a circle with the designated target areas or that a radius of 92 miles centered at latitude other operations hazardous to 24°35′00″, longitude 81°41′15″ to latitude watercraft are proposed to be con- 25°45′05″, longitude 82°23′30″; thence east ducted in a specifically described por- to point of beginning. tion of the overall area, all watercraft (2) Bombing and strafing target areas. will be excluded from the target area (i) A circular area immediately west of or otherwise described zone of oper- Marquesas Keys with a radius of two ations and no vessel shall enter or re- nautical miles having its center at main therein during the period oper- latitude 24°33.4′ and longitude 82°10.9′, ations are in progress. not to include land area and area with- (4) Aircraft and naval vessels con- in Marquesas Keys. The target located ducting operations in any part of the within this area, a grounded LSIL will operational training area will exercise be used for bombing and aircraft rocket caution in order not to endanger exercises. watercraft. Operations which may be (ii) A circular area located directly dangerous to watercraft will not be west of Marquesas Keys with a radius conducted without first ascertaining of three statute miles having its center that the zone of operations is clear. at latitude 24°35.6′ and longitude Any vessel in the zone of operations 82°11.6′, not to include land area within will be warned to leave and upon being Marquesas Keys. The targets located so warned the vessel shall leave imme- within this area, pile-mounted plat- diately. forms, will be used as high altitude (5) The regulations in this section horizontal bombing range utilizing live shall be enforced by the Commandant, ordnance up to and including 1,800 Sixth Naval District, Charleston, S.C., pounds of high explosives. In general, and such agencies as he may designate. these explosives will be of an air-burst [26 FR 11197, Nov. 28, 1961, as amended at 27 type, above 1,500 feet. FR 2508, Mar. 16, 1962; 31 FR 13129, Oct. 11, (iii) A circular area located west of 1966. Redesignated at 50 FR 42696, Oct. 22, Marquesas Keys with a radius of two 1985]

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§ 334.630 Tampa Bay south of MacDill 82°27′35.466″ W., thence directly to lati- Air Force Base, Fla.; small-arms fir- tude 27°49′38.865″ N., longitude ing range and aircraft jettison, U.S. 82°27′43.642″ W., thence directly to lati- Air Force, MacDill Air Force Base. tude 27°49′20.204″ N., longitude (a) The danger zone. Shoreward of a 82°27′47.517″ W., thence directly to lati- line beginning at latitude 27°49′27.38″, tude 27°49′06.112″ N., longitude longitude 82°29′35.83″; thence to latitude 82°27′52.750″ W., thence directly to lati- 27°49′20.14″, longitude 82°29′42.78″; thence tude 27°48′52.791″ N., longitude to latitude 27°48′44.82″, longitude 82°28′05.943″ W., thence directly to lati- 82°31′10.0″; thence to latitude tude 27°48′45.406″ N., longitude 27°49′09.35″, longitude 82°32′24.56″; thence 82°28′32.309″ W., thence directly to lati- to latitude 27°49′38.62″, longitude tude 27°48′52.162″ N., longitude 82°33′02.44″; and thence to a point on the 82°29′26.672″ W., thence directly to lati- shore line of MacDill Air Force Base at tude 27°49′03.600″ N., longitude latitude 27°50′28.57″, longitude 82°30′23.629″ W., thence directly to lati- 82°32′15.0″. The area will be marked by tude 27°48′44.820″ N., longitude suitable boundary signs or buoys. 82°31′10.000″ W., thence directly to lati- (b) The regulations. (1) All persons, tude 27°49′09.350″ N., longitude ° ′ ″ vessels and other watercraft are pro- 82 32 24.556 W., thence directly to lati- ° ′ ″ hibited from entering the danger zone tude 27 49 38.620 N., longitude ° ′ ″ at all times. 82 33 02.444 W., thence directly to lati- ° ′ ″ (2) Advance notice will be given of tude 27 49 56.963 N., longitude ° ′ ″ the date on which the first firing prac- 82 32 45.023 W., thence directly to lati- ° ′ ″ tice shall begin. At intervals of not tude 27 50 05.447 N., longitude ° ′ ″ more than three months thereafter, no- 82 32 48.734 W., thence directly to lati- ° ′ ″ tice will be sent out that firing prac- tude 27 50 33.715 N., longitude ° ′ ″ tice is continuing. Such notices will 82 32 45.220 W., thence directly to a appear in local newspapers and in ‘‘No- point on the western shore of the base ° ′ ″ tice to Mariners.’’ at latitude 27 50 42.836 N., longitude ° ′ ″ (3) The regulations in the section 82 32 10.972 W. The restricted area will shall be enforced by the proper Air encompass an existing Danger Zone Force Authority at MacDill Air Force (§ 334.630). Base. (b) The regulations. (1) All persons, vessels, and other craft are prohibited [13 FR 9559, Dec. 31, 1948. Redesignated at 14 from entering, transiting, anchoring, FR 4904, Aug. 9, 1949, and amended at 30 FR or drifting within the area described in 884, Jan. 28, 1965. Redesignated at 50 FR 42696, paragraph (a) of this section for any Oct. 22, 1985, as amended at 62 FR 17554, Apr. 10, 1997] reason without the permission of the Commander, MacDill Air Force Base, § 334.635 Hillsborough Bay and waters Florida, or his/her authorized rep- contiguous to MacDill Air Force resentative. Base, Fla.; restricted area. (2) The restriction noted in para- (a) The area. The restricted area shall graph (b)(1) of this section is in effect encompass all navigable waters of the 24 hours a day, 7 days a week. United States, as defined at 33 CFR 329, (c) Enforcement. The regulations in within the following boundaries. Com- this section shall be enforced by the mencing from the shoreline at the Commander, MacDill Air Force Base, northeast portion of the base at lati- Florida, and/or such persons or agen- tude 27°51′52.901″ N., longitude cies as he/she may designate. 82°29′18.329″ W., thence directly to lati- [70 FR 67371, Nov. 7, 1005] tude 27°52′00.672″ N., longitude 82°28′51.196″ W., thence directly to lati- § 334.640 Gulf of Mexico south of tude 27°51′28.859″ N., longitude Apalachee Bay, Fla.; Air Force rock- 82°28′10.412″ W., thence directly to lati- et firing range. tude 27°51′01.067″ N., longitude (a) The danger zone. An area about 45 82°27′45.355″ W., thence directly to lati- statute miles wide and 60 statute miles tude 27°50′43.248″ N., longitude long, approximately parallel to and 82°27′36.491″ W., thence directly to lati- about 30 miles off the west coast of tude 27°50′19.817″ N., longitude Florida, south of Apalachee Bay. The

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area is bounded as follows: Beginning essarily. Masters are requested to at latitude 29°42′30″, longitude 84°40′00″; avoid the danger zone whenever pos- thence east along latitude 29°42′30″ to sible so that interference with firing longitude 84°00′00″; thence southeast to training may be minimized. latitude 28°56′00″, longitude 83°31′00″; (c) The regulations in this section thence southwest to latitude 28°37′00″, shall be enforced by the Commander, longitude 84°11′00″; thence northwest to Moody Air Force Base, Valdosta, Geor- latitude 29°17′30″, longitude 84°40′00″; gia, and such agencies as he may des- thence northwest to latitude 29°32′00″, ignate. longitude 85°00′00″; thence northeast [21 FR 2944, May 3, 1956, as amended at 22 FR along a line three miles off the 3755, May 29, 1957. Redesignated at 50 FR meanderings of the shore to the point 42696, Oct. 22, 1985, as amended at 62 FR 17554, of beginning. Apr. 10, 1997] (b) The regulations. (1) The fact that aerial rocket firing will be conducted § 334.650 Gulf of Mexico, south of St. over the danger zone will be advertised George Island, Fla.; test firing to the public through the usual media range. for the dissemination of information. (a) The danger zone. A fan-shaped Inasmuch as such firing is likely to be area bounded as follows: conducted during the day or night throughout the year without regard to Latitude Longitude season, such advertising of firing will NW corner— ..... 29°35′15″ 85°03′12″ be repeated at intervals not exceeding SW corner— ..... 29°31′18″ 85°07′31″ three months and at more frequent in- SE corner— ...... 29°30′18″ 84°59′18″ tervals when in the opinion of the en- NE corner— ...... 29°35′09″ 85°01′53″ forcing agency, repetition is necessary in the interest of public safety. The seaward end of the area is an arc (2) Prior to the conduct of rocket fir- with a 10,500 meter radius with its cen- ing, the area will be patrolled by sur- ter located on the south shore line of face patrol boat and/or patrol aircraft St. George Island 1,500 feet east of Cape to insure that no persons or watercraft St. George Light. are within the danger zone and to warn (b) The regulations. (1) The area shall any such persons or watercraft seen in be used from sunrise to sunset daily the vicinity that rocket firing is about Mondays through Fridays for test fir- to take place in the area. When aircraft ing helicopter armament. is used to patrol the area, low flight of (2) During firing, the entire area plus the aircraft across the bow will be used 5 miles beyond in all directions shall be as a signal or warning. kept under surveillance by one control (3) Any such person or watercraft helicopter equipped with FM and UHF shall, upon being so warned, imme- communications to the Safety Office at diately leave the area, and until the range control to insure cease fire if an conclusion of the firing shall remain at aircraft or surface vessel is observed such a distance that they will be safe approaching the area. from the fallout resulting from such (3) The regulations in this section rocket firing. shall be enforced by the Commanding (4) The regulations in this section Officer, U.S. Army Aviation Test shall not deny access to or egress from Board, Fort Rucker, Ala., and such harbors contiguous to the danger zone agencies as he may designate. in the case of regular passenger or [33 FR 4464, Mar. 13, 1968, as amended at 36 cargo carrying vessels proceeding to or FR 15528, Aug. 17, 1971. Redesignated at 50 FR from such harbors. In the case of the 42696, Oct. 22, 1985] presence of any such vessel in the dan- ger zone the officer in charge shall § 334.660 Gulf of Mexico and Apalachi- cause the cessation or postponement of cola Bay south of Apalachicola, Fla., fire until the vessel shall have cleared Drone Recovery Area, Tyndall Air that part of the area in which it might Force Base, Fla. be endangered by the fallout. The ves- (a) The restricted area. A rectangular sel shall proceed on its normal course area excluding St. George Island with and shall not delay its progress unnec- the eastern boundary of the area west

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of the channel through St. George Is- area within range of the weapons being land within the following co-ordinates: used. The vessel shall proceed on its Beginning at a point designated as the normal course and not delay its northeast corner latitude 29°38′20″ N, progress. longitude 84°58′30″ W; thence southeast (2) All persons and vessels will be to latitude 29°35′23″ N, longitude warned to leave the danger area during 84°56′54″ W; thence southwest to lati- firing practice by surface patrol boat tude 29°34′15″ N, longitude 85°00′35″ W; and/or patrol aircraft. When aircraft is thence northwest to latitude 29°37′10″ used to patrol the area, low flight of N, longitude 85°02′00″ W; thence north- the aircraft overhead and/or across the east to point of beginning. bow will be used as a signal or warning. (b) The regulations. (1) The area will Upon being so warned all persons and be used twice daily and during usage vessels shall clear the area imme- will be restricted to navigation for a diately. period of one hour. It may be used free- (3) The area will be open to all ves- ly at all other times. sels whenever firing practice is not (2) Patrol boats and aircraft will being conducted. warn all persons and navigation out of (4) The regulations in this section the area before each testing period. shall be enforced by the Commanding (3) The regulations in this section Officer, Tyndall Air Force Base, Flor- shall be enforced by the Commander, ida, and such agencies as he may des- Headquarters 4756th Air Defense Wing ignate. (Weapons) U. S. Air Force, Tyndall Air [16 FR 7460, July 31, 1951, as amended at 22 Force Base, Florida, and such other FR 3755, May 29, 1957. Redesignated at 50 FR agencies as he may designate. 42696, Oct. 22, 1985, as amended at 62 FR 17555, Apr. 10, 1997; 62 FR 24034, May 2, 1997] [23 FR 5507, July 19, 1958, as amended at 23 FR 6555, Aug. 23, 1958. Redesignated at 50 FR 42696, Oct. 22, 1985, as amended at 62 FR 17555, § 334.680 Gulf of Mexico, southeast of Apr. 10, 1997] St. Andrew Bay East Entrance, small-arms firing range, Tyndall Air § 334.670 Gulf of Mexico south and Force Base, Fla. west of Apalachicola, San Blas, and (a) The danger zones—(1) Area No. 1. St. Joseph bays; air-to-air firing The waters of the Gulf of Mexico, practice range, Tyndall Air Force southeast of St. Andrew Bay East En- Base, Fla. trance within a rectangular area begin- (a) The danger zone. Beginning at ning at a point on shore at latitude latitude 29°40′00″, longitude 85°21′30″, in 30°04′32″, longitude 85°37′07″; thence to the vicinity of Cape San Blas; thence latitude 30°03′03″, longitude 85°38′42″; southeasterly to latitude 29°23′00″, lon- thence to latitude 30°02′14″, longitude gitude 84°39′00″; thence southwesterly 85°37′15″; thence to a point on shore at to latitude 28°39′00″, longitude 84°49′00″; latitude 30°04′13″, longitude 85°36′47″; thence northwesterly to latitude thence along the shoreline to the point 29°43′00″, longitude 85°53′00″; thence of beginning. northeasterly to latitude 29°56′30″, lon- (2) Area No. 2. The waters of the Gulf gitude 85°38′30″; and thence southeast- of Mexico and St. Andrew Sound within erly to the point of beginning. an area described as follows, but ex- (b) The regulations. (1) Air-to-air fir- cluding Crooked Island: Beginning at a ing practice will ordinarily take place point on shore at latitude 30°02′56″, lon- in the area during the hours of day- gitude 85°34′35″; thence to latitude light, seven days per week. During pe- 30°02′18″, longitude 85°36′18″; thence to riods of firing, passage through the latitude 30°01′24″, longitude 85°35′40″; area will not be denied to cargo-car- thence to latitude 30°00′45″, longitude rying or passenger-carrying vessels or 85°34′41″; thence to a point on shore at tows proceeding on established routes. latitude 30°02′10″, longitude 85°33′42″; In case any such vessel is within the thence along the shore line to the point danger area, the officer in charge of fir- of beginning. ing practice operations will cause the (b) The regulations. (1) No person, ves- cessation or postponement of fire until sel or other watercraft shall enter or the vessel has cleared that part of the remain in the areas during periods of

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firing. Area No. 1 will be used for firing (2) Aerial gunnery range along north practice between 6:30 a.m. and 5:00 shore of Choctawhatchee Bay. The dan- p.m., as scheduled, Monday through ger zone shall encompass all navigable Friday, with possibly some sporadic waters of the United States as defined firings on Saturdays and Sundays. A 10′ at 33 CFR part 329, including the × 18′ red flag will be displayed on a pole waters of Choctawhatchee Bay within at the shoreline whenever firing is in an area bounded by a line connecting progress. the following coordinates: Commencing (2) Area No. 2 will be operated on a at the northwest shore at latitude sporadic schedule, with firings likely 30°27′26″ N, longitude 086°25′30″ W; each day including Saturdays, Sun- thence to latitude 30°26′00″ N, longitude days, and holidays, between the hours 086°25′30″ W; thence to latitude 30°26′57″ ′ × ′ of 6:00 a.m. and 5:00 p.m. A 10 18 red N, longitude 086°20′35″ W; thence to flag will be displayed on a pole at the latitude 30°26′12″ N, longitude 086°20′35″ shore line whenever firing is in W; thence to latitude 30°26′29″ N, lon- progress. gitude 086°15′00″ W; thence to the north- (3) The regulations in this section east shore at latitude 30°29′08.7″ N, lon- shall be enforced by the Commanding ° ′ ″ Officer, Tyndall Air Force Base, Flor- gitude 086 15 00 W; then following the ida, and such agencies as he may des- shoreline at the mean high water line ignate. easterly to point of origin. (b) The regulations—(1) Aerial gunnery (Sec. 7, 40 Stat. 266, Chap. XIX, 40 Stat. 892; range in west part of Choctawhatchee (33 U.S.C. 1, 3)) Bay. The aerial gunnery range in the [28 FR 3394, Apr. 6, 1963, as amended at 30 FR west part of Choctawhatchee Bay (as 16267, Dec. 30, 1965; 39 FR 44752, Dec. 27, 1974. described in paragraph (a)(1) of this Redesignated at 50 FR 42696, Oct. 22, 1985, as section) may be used by persons and amended at 62 FR 17555, Apr. 10, 1997] watercraft except during periods when § 334.690 [Reserved] firing is conducted. Use of the area will be advertised in advance by Eglin AFB § 334.700 Choctawhatchee Bay, aerial Public Affairs. During periods of firing, gunnery ranges, Air Armament Cen- traverse of this area shall not be denied ter, Eglin Air Force Base, Fla. to regular cargo-carrying or passenger- (a) The danger zones—(1) Aerial gun- carrying vessels or tows proceeding on nery range in west part of established routes. In case any such Choctawhatchee Bay. The danger zone vessel is within the area, the officer in shall encompass all navigable waters of charge of gunnery operations will the United States as defined at 33 CFR cause the cessation or postponement of part 329, including the waters of fire until the vessel has cleared that Choctawhatchee Bay within an area part of the area within the range of the bounded by a line connecting the fol- weapons being used. The vessel shall lowing coordinates, excluding that part proceed on its normal course and shall of the area included within the aerial not delay its progress. gunnery range along the north shore of (2) Aerial gunnery range along north Choctawhatchee Bay as described in shore of Choctawhatchee Bay. No person, paragraph (a)(2) of this section: Com- mencing at the northeast shore at lati- vessel or other craft shall enter or re- tude 30°28′09.11″ N, longitude main within the aerial gunnery range 086°29′02.30″ W; thence to latitude along the north shore of 30°25′30″ N, longitude 086°21′30″ W; Choctawhatchee Bay (as described in thence to latitude 30°23′34.72″ N, lon- paragraph (a)(2) of this section) during gitude 086°23′00.22″ W; then following times the area is active. Activation of the shoreline at the mean high water the area will be advertised in advance line to latitude 30°24′09.45″ N, longitude by Eglin AFB Public Affairs. 086°25′00.08″ W; thence to the southwest (c) Enforcement. (1) The regulations in shore at latitude 30°27′54.18″ N, lon- this section shall be enforced by the gitude 086°29′18.32″ W; then following Commander, 96 Air Base Wing, Eglin the shoreline at the mean high water AFB, Florida and such agencies as he/ line easterly to point of origin. she may designate.

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(2) Enforcement of the regulations in W, three nautical miles offshore of this section will be accomplished in ac- Santa Rosa Island; thence easterly cordance with the active security level three nautical miles offshore and par- as defined by the Department of De- allel to shore, to a point south of Apa- fense Force Protection Condition lachicola Bay, Florida at latitude (FPCON) System. 29°32′00″ N, longitude 085°00′00″ W; [76 FR 75455, Dec. 2, 2011] thence southeasterly to latitude 29°17′30″ N, longitude 084°40′00″ W; § 334.710 The Narrows and Gulf of thence southwesterly to latitude Mexico adjacent to Santa Rosa Is- 28°40′00″ N, longitude 084°49′00″ W; land, Headquarters Air Armament thence southeasterly to latitude Center, Eglin Air Force Base, Fla. 28°10′00″ N, longitude 084°30′00″ W; (a) The restricted area. The restricted thence 270° true to longitude 086°48′00″ area shall encompass all navigable W; thence due north along longitude waters of the United States as defined 086°48′00″ W to the intersection of the at 33 CFR part 329, including the line with a circle of five nautical miles waters of The Narrows and the Gulf of radius centered on USC&GS Station Mexico easterly of the periphery of a Tuck 3, at latitude 30°23′10.074″ N, lon- circular area five nautical miles in ra- gitude 086°48′25.433″ W, thence north- ° ′ ″ dius, centered at latitude 30 23 10.074 easterly along the arc of the circle to ° ′ ″ N, longitude 086 48 25.433 W (USC&GS the point of beginning. Station Tuck 3), within the segment of (b) The regulations. (1) The area will a circle, three nautical miles in radius, be used intermittently during daylight centered at latitude 30°24′00″ N, lon- hours for a week or 10 days at a time. gitude 086°41′47″ W. (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. will be via Eglin AFB water patrol and (2) During periods of firing, passage published in local news media in ad- through the area will not be denied to vance. cargo-carrying or passenger-carrying (c) Enforcement. (1) The regulations in vessels or tows proceeding on estab- this section shall be enforced by the lished routes. In case any such vessel is Commander, 96 Air Base Wing, Eglin within the danger zone, the officer in AFB, Florida and such agencies as he/ charge of firing operations will cause she may designate. the cessation or postponement of fire (2) Enforcement of the regulations in until the vessel has cleared the portion this section will be accomplished in ac- of the danger area involved. The entire cordance with the active security level area involved will be under constant as defined by the Department of De- observation of both surface patrol ves- fense Force Protection Condition sels and air patrol planes prior to and (FPCON) System. during periods of firing and notice will [76 FR 75455, Dec. 2, 2011] be given to vessels and tows of inten- tion to fire by buzzing low over the ves- § 334.720 Gulf of Mexico, south from sel, upon which signal vessels and tows Choctawhatchee Bay; Missile test shall proceed on their established area. course promptly and clear the area as (a) The danger zone. The danger zone soon as possible. shall encompass all navigable waters of (3) All persons and vessels, except the United States as defined at 33 CFR those identified in paragraph (b)(2) of part 329, including the waters of the this section, will be warned to leave Gulf of Mexico south from the immediate danger area during fir- Choctawhatchee Bay within an area de- ing periods by surface patrol craft. scribed as follows: Beginning at a point Upon being so warned, such persons five nautical miles southeasterly from and vessels shall clear the area imme- USC&GS Station Tuck 3, at latitude diately. Such periods normally will not 30°23′10.074″ N, longitude 086°48′25.433″ exceed two hours.

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(c) Enforcement. (1) The regulations in lowing the shoreline at a distance of this section shall be enforced by the 150 feet seaward from the mean high Commander, 96 Air Base Wing, Eglin water line to a point at latitude AFB, Florida and such agencies as he/ 30°23′12.34″ N, longitude 086°50′57.62″ W, she may designate. thence proceeding directly to a point (2) Enforcement of the regulations in on the shoreline at latitude 30°23′10.85″ this section will be accomplished in ac- N, longitude 086°50′57.62″ W. The area cordance with the active security level also includes all contiguous inland nav- as defined by the Department of De- igable waters which lie within the land fense Force Protection Condition boundaries of Eglin AFB. (FPCON) System. (iii) Area 3. Choctawhatchee Bay, [76 FR 75455, Dec. 2, 2011] North side—Hurlburt Field. The re- stricted area shall encompass all navi- § 334.730 Waters of Santa Rosa Sound gable waters of the United States as and Gulf of Mexico adjacent to defined at 33 CFR part 329 within the Santa Rosa Island, Armament Cen- area bounded by a line connecting the ter, Eglin Air Force Base, Fla. following coordinates: (a) The areas—(1) The danger zone. Commencing from the shoreline at The danger zone shall encompass all latitude 30°24′28.30″ N, longitude navigable waters of the United States 086°40′54.91″ W; thence to latitude as defined at 33 CFR part 329, including 30°24′26.32″ N, longitude 086°40′54.91″ W; the waters of Santa Rosa Sound and then the line meanders irregularly, fol- Gulf of Mexico within a circle one nau- lowing the shoreline at a distance of tical mile in radius, centered at lati- 200 feet seaward from the mean high tude 30°23′10.074″ N, longitude water line to a point at latitude 086°48′25.433″ W (USC&GS Station Tuck 30°24′20.92″ N, longitude 086°41′45.96″ W; 3). The portion of the area in Santa thence directly to latitude 30°24′23.31″ Rosa Sound includes the Gulf Intra- N, longitude 086°42′00.20″ W; thence di- coastal Waterway between miles 209.6 rectly to latitude 30°24′28.83″ N, lon- and 211.4 as measured from the Harvey gitude 086°42′07.42″ W; thence directly Lock, Louisiana, ‘‘zero mile’’ location. to latitude 30°24′25.98″ N, longitude (2) The restricted areas—(i) Area 1. The 086°42′17.12″ W; thence directly to lon- restricted area shall encompass all gitude 30°24′26.31″ N, longitude navigable waters of the United States 086°42′19.82″ W; then the line meanders as defined at 33 CFR part 329, including irregularly following the shoreline at a the waters of Santa Rosa Sound and distance of 200 feet seaward from the Gulf of Mexico, surrounding the danger mean high water line to a point at lati- zone described in paragraph (a)(1) of tude 30°24′28.80″ N, longitude this section, within a circle five nau- 086°42′53.83″ W, thence proceeding di- tical miles in radius centered at lati- rectly to a point on the shoreline at tude 30°23′10.074″ N, longitude latitude 30°24′30.79″ N, longitude 086°48′25.433″ W (USC&GS Station Tuck 086°42′53.83″ W. 3). The portion of the area in Santa (b) The regulations—(1) The danger Rosa Sound includes the Gulf Intra- zone. (i) Experimental test operations coastal Waterway between mile des- will be conducted by the U.S. Air Force ignation 204.6 and 216.4 as measured (USAF) within the danger zone. During from the Harvey Lock, Louisiana, periods when experimental test oper- ‘‘zero mile’’ location. ations are underway, no person, vessel (ii) Area 2. Santa Rosa Island, North or other watercraft shall enter or navi- Side. The restricted area shall encom- gate the waters of the danger zone. pass all navigable waters of the United (ii) The area identified in paragraph States as defined at 33 CFR part 329 (a)(1) of this section and the associated within the area bounded by a line con- restrictions described in paragraph necting the following coordinates: (b)(1)(i) of this section are in effect 24 Commencing from the shoreline at hours a day, 7 days a week. The area is latitude 30°24′06.58″ N, longitude used on an intermittent basis and, gen- 086°40′25.00″ W; thence to latitude erally, any test operations shall not ex- 30°24′08.08″ N, longitude 086°40′25.00″ W; ceed one hour and shall not occur more then the line meanders irregularly, fol- than twice weekly.

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(2) The restricted areas. (i) All persons, N, longitude 086°32′41.81″ W. The area vessels and other craft are permitted also includes all contiguous inland nav- access to the restricted areas described igable waters that lie within the land in paragraph (a)(2) of this section. Any boundaries of Eglin AFB. person or vessel within the restricted (b) The regulations. (1) All persons, areas will be subject to identification vessels and other craft are permitted checks by USAF patrol boats. During access to the restricted area described times of high security threats against in paragraph (a) of this section. Any Eglin AFB or Hurlburt Field, all entry, person or vessel within the restricted transit, anchoring or drifting within area will be subject to identification the restricted areas described in para- checks by U.S. Air Force patrol boats. graph (a)(2) of this section for any rea- During times of high security threats son is not allowed without permission against Eglin AFB, all entry, transit, of Eglin AFB or the Hurlburt Field anchoring or drifting within the re- Commander or his/her authorized rep- stricted area described in paragraph (a) resentative, except to navigate the of this section for any reason is not al- Gulf Intracoastal Waterway. Such ves- lowed without the permission of the sels and other watercraft shall confine Commander, 96 Air Base Wing, Eglin their movements to the waters within AFB, and his/her authorized represent- the limits of the Intracoastal Water- ative. way and shall make the passage as (2) The area identified in paragraph promptly as possible under normal ves- (a) of this section and the associated sel speed. restrictions described in paragraph (ii) The areas identified in paragraph (b)(1) of this section are in effect 24 (a)(2) of this section and the associated hours a day, 7 days a week. restrictions described in paragraph (b)(2)(i) of this section are in effect 24 (c) Enforcement. (1) The regulations in hours a day, 7 days a week. this section shall be enforced by the (c) Enforcement. (1) The regulations in Commander, 96 Air Base Wing, Eglin this section shall be enforced by the AFB, Florida and such agencies as he/ Commander, 96 Air Base Wing, Eglin she may designate. AFB, Florida and such agencies as he/ (2) Enforcement of the regulations in she may designate. this section will be accomplished in ac- (2) Enforcement of the regulations in cordance with the active security level this section will be accomplished in ac- as defined by the Department of De- cordance with the active security level fense Force Protection Condition as defined by the Department of De- (FPCON) System. fense Force Protection Condition [76 FR 75456, Dec. 2, 2011] (FPCON) System. [76 FR 75456, Dec. 2, 2011] § 334.742 Eglin Camp Pinchot, Fla., at Eglin Air Force Base, Fla.; re- § 334.740 North Shore Choctawhatchee stricted area. Bay, Eglin Air Force Base, Fla. (a) The area. The restricted area shall (a) The area. The restricted area shall encompass all navigable waters of the encompass all navigable waters of the United States, as defined at 33 CFR United States as defined at 33 CFR part part 329, within the area bounded by a 329 within the area bounded by a line line connecting the following coordi- connecting the following coordinates: nates: Commencing from the shoreline Commencing from the shoreline at at latitude 30°28′18.68″ N, longitude latitude 30°28′59.90″ N, longitude 086°35′38.66″ W; thence to latitude 086°29′08.88″ W; thence to latitude 30°28′20.80″ N, longitude 086°35′36.25″ W; 30°28′59.61″ N, longitude 086°29′01.81″ W; then the line meanders irregularly, fol- thence to latitude 30°29′08.01″ N, lon- lowing the shoreline at a distance of gitude 086°28′47.78″ W; then following 300 feet seaward from the mean high the mean high water line at a distance water line to a point at latitude of 1,000 feet to a point at latitude 30°28′06.02″ N, longitude 086°35′39.18″ W, 30°26′48.60″ N, longitude 086°32′31.95″ W, thence proceeding directly to a point thence proceeding directly to a point on the shoreline at latitude 30°28′07.47″ on the shoreline at latitude 30°26′53.58″ N, longitude 086°35′42.17″ W.

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(b) The regulations. (1) All persons, checks by U.S. Air Force patrol boats. vessels and other craft are permitted During times of high security threats access to the restricted area described against Eglin AFB, all entry, transit, in paragraph (a) of this section. Any anchoring or drifting within the re- person or vessel within the restricted stricted area described in paragraph (a) area will be subject to identification of this section for any reason is not al- checks by U.S. Air Force patrol boats. lowed without the permission of the During times of high security threats Commander, Eglin AFB, Florida, or against Eglin AFB, all entry, transit, his/her authorized representative. anchoring or drifting within the re- (2) The area identified in paragraph stricted area described in paragraph (a) (a) of this section and the associated of this section for any reason is not al- restrictions described in paragraph lowed without the permission of the (b)(1) of this section are in effect 24 Commander, Eglin AFB, Florida, or hours a day, 7 days a week. his/her authorized representative. (c) Enforcement. (1) The regulations in (2) The area identified in paragraph this section shall be enforced by the (a) of this section and the associated Commander, 96 Air Base Wing, Eglin restrictions described in paragraph AFB, Florida and such agencies as he/ (b)(1) of this section are in effect 24 she may designate. hours a day, 7 days a week. (2) Enforcement of the regulations in (c) Enforcement. (1) The regulations in this section will be accomplished in ac- this section shall be enforced by the cordance with the active security level Commander, 96 Air Base Wing, Eglin as defined by the Department of De- AFB, Florida and such agencies as he/ fense Force Protection Condition she may designate. (FPCON) System. (2) Enforcement of the regulations in this section will be accomplished in ac- [76 FR 75457, Dec. 2, 2011] cordance with the active security level as defined by the Department of De- § 334.746 U.S. Coast Guard, Destin Sta- fense Force Protection Condition tion at Eglin Air Force Base, Fla.; (FPCON) System. restricted area. [76 FR 75457, Dec. 2, 2011] (a) The area. The restricted area shall encompass all navigable waters of the § 334.744 Eglin Poquito Housing at United States, as defined at 33 CFR Eglin Air Force Base, Fla.; re- part 329, within the area bounded by a stricted area. 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°23′33.45″ N, longitude United States, as defined at 33 CFR 86°31′37.51″ W; thence to latitude part 329, within the area bounded by a 30°23′35.67″ N, longitude 86°31′37.31″ W; line connecting the following coordi- thence to latitude 30°23′33.68″ N, lon- nates: Commencing from the shoreline gitude 86°31′30.98″ W; thence to latitude at latitude 30°27′11.68″ N, longitude 30°23′32.00″ N, longitude 86°31′28.80″ W; 086°34′32.87″ W; thence to latitude thence proceeding directly to a point 30°27′11.86″ N, longitude 086°34′34.59″ W; on the shoreline at latitude 30°23′30.14″ then the line meanders irregularly, fol- N, longitude 86°31′30.21″ W. lowing the shoreline at a distance of (b) The regulations. (1) No person or 150 feet seaward from the mean high vessel shall enter the area without the water line to a point at latitude permission of the Commander, U.S. 30°27′31.25″ N, longitude 086°34′38.56″ W, Coast Guard, Destin Station, Florida, thence proceeding directly to a point or his/her authorized representative. on the shoreline at latitude 30°27′34.07″ (2) The area identified in paragraph N, longitude 086°34′35.67″ W. (a) of this section and the associated (b) The regulations. (1) All persons, restrictions described in paragraph vessels and other craft are permitted (b)(1) of this section are in effect 24 access to the restricted area described hours a day, 7 days a week. in paragraph (a) of this section. Any (c) Enforcement. The regulations in person or vessel within the restricted this section shall be enforced by the area will be subject to identification Commander, U.S. Coast Guard, Destin

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Station, and such agencies as he/she § 334.760 Naval Support Activity Pan- may designate. ama City and Alligator Bayou, a tributary of St. Andrew Bay, Fla.; [76 FR 75457, Dec. 2, 2011] naval restricted area. § 334.748 Wynnhaven Beach, Fla., at (a) The area. The waters within an Eglin AFB; restricted area. area beginning at a point located along (a) The area. The restricted area shall the shore at the southern end of the fa- ° ′ ″ encompass all navigable waters of the cility designated by latitude 30 09 45.6 ° ′ ″ United States, as defined at 33 CFR N., longitude 85 44 20.6 W.; thence pro- part 329, within the area bounded by a ceed 100 feet waterward of the mean line connecting the following coordi- high water line directly to a point at ° ′ ″ nates: Commencing from the shoreline latitude 30 09 46.8 N., longitude ° ′ ″ at latitude 30°24′35.06″ N, longitude 85 44 20.6 W. From this position the 086°46′20.31″ W; thence to latitude line meanders irregularly, following 30°24′33.57″ N, longitude 086°46′20.31″ W; the shoreline at a minimum distance of then the line meanders irregularly, fol- 100 feet from the mean high water line ° ′ ″ lowing the shoreline at a distance of to a point at latitude 30 10 16.7 N., lon- ° ′ ″ 150 feet seaward from the mean high gitude 85 45 01.2 W. located east of the water line to a point at latitude south side of the entrance to Alligator 30°24′34.81″ N, longitude 086°46′09.19″ W, Bayou; thence directly across the en- ° ′ ″ thence proceeding directly to a point trance to a point at latitude 30 10 23.4 ° ′ ″ on the shoreline at latitude 30°24′36.30″ N., longitude 85 45 05.7 W. located east N, longitude 086°46′09.19″ W. of the north side of the entrance to Al- (b) The regulations. (1) All persons, ligator Bayou; thence continuing the vessels and other craft are permitted northerly meandering, following the access to the restricted area described shoreline at a minimum distance of 100 in paragraph (a) of this section. Any feet from the mean high water line to ° ′ ″ person or vessel within the restricted a point at latitude 30 11 11.3 N., lon- ° ′ ″ area will be subject to identification gitude 85 45 02.8 W.; thence directly to checks by U.S. Air Force patrol boats. the shoreline to a point at latitude ° ′ ″ ° ′ ″ During times of high security threats 30 11 12.3 N., longitude 85 45 03.2 W. against Eglin AFB, all entry, transit, This encompasses an area reaching anchoring or drifting within the re- from the southern extent described to the northern extent described and ex- stricted area described in paragraph (a) tending from the mean high water line of this section for any reason is not al- waterward a minimum distance of ap- lowed without the permission of the proximately 100 feet. Commander, Eglin AFB, Florida, or his/her authorized representative. (b) The regulations. (1) No vessel, per- son, or other craft shall enter, transit, (2) The area identified in paragraph anchor, drift or otherwise navigate (a) of this section and the associated within the area described in paragraph restrictions described in paragraph (a) of this section for any reason with- (b)(1) of this section are in effect 24 out written permission from the Officer hours a day, 7 days a week. in Charge, Naval Support Activity Pan- (c) (1) The regulations in Enforcement. ama City, Panama City Beach, Florida, this section shall be enforced by the or his/her authorized representative. Commander, 96 Air Base Wing, Eglin (2) The restriction noted in para- AFB, Florida and such agencies as he/ graph (b)(1) of this section is in effect she may designate. 24 hours a day, 7 days a week. (2) Enforcement of the regulations in (3) The regulations in this section this section will be accomplished in ac- shall be enforced by the Officer in cordance with the active security level Charge, Naval Support Activity Pan- as defined by the Department of De- ama City, Panama City Beach Florida, fense Force Protection Condition and such agencies as he/she may des- (FPCON) System. ignate. [76 FR 75457, Dec. 2, 2011] [70 FR 67372, Nov. 7, 2005]

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§ 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. longitude): Northwest point—30°11′13″ (3) Area AP–1. All persons, vessels, N, 085°44′32″ W; Northeast point— and other craft are prohibited from en- 30°11′07″ N, 085°44′01″ W; Southeast tering, transiting, anchoring, or drift- point—30°10′32″ N, 085°44′00″ W; South- ing within the military security zone/s west point—30°10′32″ N, 085°44′32″ W, established in the restricted area dur- then northerly to point of origin. ing training events. (4) Area BA–3. The area is bounded by (4) Areas BA–1 through BA–5. All per- a line directly connecting the following sons, vessels, and other craft are pro- coordinates (listed by latitude, then hibited from entering, transiting, an- longitude): Northwest point—30°10′32″ choring, or drifting within the military N, 085°44′59″ W; Northeast point— security zone/s established in the re- 30°10′32″ N, 085°44′09″ W; Southeast stricted area during training events. point—30°10′00″ N, 085°44′09″ W; South- (c) Enforcement. The regulations in west point—30°10′01″ N, 085°44′41″ W, this section shall be enforced by the then northerly to point of origin. Commanding Officer, Naval Support (5) Area BA–4. The area is bounded by Activity, Panama City Florida, and a line directly connecting the following such agencies as he/she may designate. coordinates (listed by latitude, then [73 FR 52927, Sept. 12, 2008, as amended at 74 longitude): Northwest point—30°10′32″ FR 11481, Mar. 18, 2009] N, 085°44′09″ W; Northeast point— 30°10′32″ N, 085°42′35″ W; Southeast § 334.762 Naval Support Activity Pan- point—30°10′00″ N, 085°42′35″ W; South- ama City; North Bay and West Bay; west point—30°10′00″ N, 085°44′09″ W, restricted areas. then northerly to point of origin. (a) The areas—(1) Area NB–1. The area (6) Area BA–5. The area is bounded by is bounded by a line directly con- a line directly connecting the following necting the following coordinates (list- coordinates (listed by latitude, then ed by latitude, then longitude): North- longitude): North point—30°08′41″ N, e west point—30°12′16″ N, 085°44′14″ W; 085°41′25″ W; East point—30°08′08″ N, Northeast point—30°12′16″ N, 085°43′01″ 085°40′48″ W; South point—30°07′00″ N, W; Southeast point—30°11′16″ N, 085°42′29″ W; West point—30°07′31″ N, 085°44′14″ W; Southwest point—30°11′17″ 085°43′09″ W, then northerly to point of N, 085°44′49″ W, then northerly to point origin. of origin.

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(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 conditions for both military and civil- exercises and training events will be ian personnel during exercises con- noticed, in advance and during the ducted within the restricted area by event, to the public via Notice to Mari- intercepting any waterbased activity ners and Broadcast Notice to Mariners. occurring within the active military (c) Enforcement. The regulations in security zone/s and offering naviga- this section shall be enforced by the tional advice to ensure the activity re- Commanding Officer, Naval Support mains clear of the exercise. Activity, Panama City Florida, and (2) All areas identified in this section such agencies as he/she may designate. have the potential to be active at any time. The normal/routine activation of [73 FR 52928, Sept. 12, 2008] any area will be noticed to the public § 334.770 Gulf of Mexico and St. An- via a General Local Notice to Mariners. drew Sound, south of East Bay, Fla., Activation of any area for significant Tyndall Drone Launch Corridor, exercises and training events will be Tyndall Air Force Base, Fla.; re- noticed, in advance and during the stricted area. event, to the public via Notice to Mari- (a) The area. The waters of the Gulf ners and Broadcast Notice to Mariners. of Mexico and St. Andrew Sound within (c) Enforcement. The regulations in an area described as follows, including this section shall be enforced by the Crooked Island: Beginning at a point Commanding Officer, Naval Support on shore at latitude 30°01′30″, longitude Activity, Panama City Florida, and 85°32′30″, thence to latitude 30°00′58″, such agencies as he/she may designate. longitude 85°33′38″, thence to latitude [73 FR 52927, Sept. 12, 2008] 29°56′38″, longitude 85°33′38″, thence to latitude 29°55′15″, longitude 85°31′21″, § 334.763 Naval Support Activity Pan- thence to a point on shore at latitude ama City; Gulf of Mexico; restricted 30°00′58″, longitude 85°31′21″, thence area. northwest to the point of beginning. (a) The area. The area is bounded by This area will be referred to as the a line directly connecting the following ‘‘Tyndall Drone Launch Corridor.’’ coordinates (listed by latitude, then (b) The regulations. (1) Military usage longitude): North point—30°10′29″ N, of areas is Monday through Friday be- 085°48′20″ W; East point—30°07′58″ N, tween the hours of 7 a.m. and 5 p.m.

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(2) Vessels are allowed to enter and pier), thence along the shoreline to remain in this area provided they have point of origin. operational communication equipment (2) The waters within an area en- capable of monitoring VHF Marine fre- closed by the following points: Begin- quency Channel 16, (156.80 MHz). In the ning at latitude 30°21.58′ N., longitude event the Marine radio equipment is 87°12.49′ W.; thence to latitude 30°20.25′ not installed on the vessel, CB equip- N., longitude 87°11.00′ W.; thence to ment with Channel 13 (27.115 MHz) will latitude 30°20.28′ N., longitude 87°14.27′ be used as an alternate means of com- W.; thence to the point of beginning. munications. Warnings will be broad- This encompasses a large triangular cast by the Air Force on Channel 16 area north of Santa Rosa Island and (156.80 MHz) and Channel 13 (27.115 west of the land area between Fair MHz) using the following sequence: Point and Deer Point. (i) Announcement 90 minutes prior to (b) The restrictions. (1) The area de- drone launch. scribed in paragraph (a)(1) of this sec- (ii) Announcement 60 minutes prior tion will normally be in use Monday to drone launch. (iii) Announcement of drone launch through Wednesday between 8 a.m. and or drone cancelled, and the expected 4 p.m. and one evening from 4 p.m. time of the drone launch. Upon receipt until 8 p.m., every other week. of the drone warning on either Channel (2) The area described in paragraph 16 (156.80 MHz) or Channel 13 (27.115 (a)(2) of this section will normally be MHz), vessels will take the necessary utilized Wednesday through Friday be- action to vacate the drone launch cor- tween 8 a.m. and 4 p.m. for parasail op- ridor not later than 60 minutes prior to erations. expected drone launch. (3) During those times that specific (3) Vessels are authorized direct missions, exercises, or training oper- movement without stopping through ations are being conducted, the U.S. this area at any time unless warned by Navy vessels and/or crafts designated helicopter or patrol boat. as essential to the operation(s) by (4) The area will be patrolled by heli- proper U.S. Navy authority shall have copter/vessels during periods of haz- the rights-of-way. All other vessels and ardous military activity. Verbal warn- crafts are required to keep clear of and ings or instructions issued by these remain 300 yards from all naval vessels craft will be strictly adhered to. engaged in said operations. Approach- (5) The regulations in this section ing within 300 yards of vessels and/or shall be enforced by the Commanding crafts while they are engaged in oper- Officer, Tyndall Air Force Base, Flor- ations and/or training exercises is pro- ida, and such agencies as he may des- hibited. ignate. (4) Vessel traffic through the re- (Sec. 7, 40 Stat. 266; 33 U.S.C. 1) stricted area will remain open during operations and/or exercises; however, [40 FR 8949, Mar. 4, 1975; 40 FR 10988, Mar. 10, mariners shall exercise extreme cau- 1975. Redesignated at 50 FR 42696, Oct. 22, 1985] tion and be on the lookout for swim- mers, small craft and helicopters when § 334.775 Naval Air Station Pensacola, transiting the area. It should be pre- Pensacola Bay, Pensacola and Gulf sumed by all mariners that Navy oper- Breeze, Fla.; naval restricted area. ations and/or exercises are being con- (a) The areas. (1) Bounded by a line ducted whenever military craft and/or drawn in the direction of 180° T from helicopters are operating within the re- the position latitude 30°20′44″ N., lon- stricted area. gitude 87°17′18″ W. (near the Naval Air (5) Any problems encountered regard- Station, due south of the Officer′s ing Navy operations/exercises within Club) to position latitude 30°20′09″ N., the restricted area should be addressed longitude 87°17′18″ W. thence 94° T to to ‘‘Navy Pensacola Command’’ on position latitude 30°20′07″ N., longitude Channel 16 (156.6 MHz) for resolution 87°16′41″ W., thence 49° T to position and/or clarification. latitude 30°20′37″ N., longitude 87°16′01″ (6) The regulations in this section W. (southwest end of Lexington finger shall be enforced by the Commander of

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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 law enforcement agency are restricted [70 FR 67372, Nov. 7, 2005] 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 for the remainder of the area to: PT 5, egress Bayous Davenport and Grande Latitude 30°20′31″ N., Longitude 87°16′01″ into Pensacola Bay shall remain open W; Thence to PT 6, Latitude 30°21′11″ to all craft except in those extraor- N., Longitude 87°15′29″ W; Thence to PT dinary circumstances where the Com- 7, Latitude 30°22′26″ N., Longitude manding Officer, N.A.S. or his/her des- 87°15′43″ W; Thence to PT 8, Latitude ignee determines that risk to the in- 30°22′39″ N., Longitude 87°16′08″ W; stallation, its personnel, or property is Thence to PT 9, Latitude 30°22′17″ N., so great and so imminent that closing Longitude 87°16′09″ W; Thence to PT 10, the channel to all but designated mili- Latitude 30°22′18″ N., Longitude 87°16′35″ tary craft is required for security rea- W; Thence to PT 11, Latitude 30°22′09″ sons, or as directed by higher author- N., Longitude 87°17′10″ W; Thence to PT ity. This section will not preclude the 12, Latitude 30°22′15″ N., Longitude closure of the channel as part of a secu- 87°17′19″ W; Thence to PT 13, Latitude rity exercise; however, such closures of 30°22′07″ N., Longitude 87°17′48″ W; said channel will be limited in duration Thence to PT 14, Latitude 30°22′25″ N., and scope to the maximum extent so as Longitude 87°17′53″ W; Thence to PT 15, not to interfere with the ability of pri- Latitude 30°22′13″ N., Longitude 87°18′54″ vate vessels to use the channel for W; Thence to PT 16, Latitude 30°21′57″ navigation in public waters adjacent N., Longitude 87°19′22″ W; Thence to PT thereto not otherwise limited by this 17, Latitude 30°21′57″ N., Longitude regulation. 87°19′37″ W; Thence to PT 18, Latitude (3) The regulations in this section 30°21′49″ N., Longitude 87°19′49″ W; (a shall be enforced by the Commanding point on the southerly shoreline of Officer of the Naval Air Station, Pensa- Bayou Grande). cola, Florida, and such agencies he/she (b) The regulations. (1) All persons, may designate. vessels, and other craft are prohibited [53 FR 27682, July 22, 1988, as amended at 62 from entering the waters described in FR 17555, Apr. 10, 1997; 70 FR 67372, Nov. 7, paragraph (a) of this section for any 2005] reason. All vessels and craft, including pleasure vessels and craft (sailing, mo- § 334.780 Pensacola Bay, Fla.; seaplane torized, and/or rowed or self-propelled), restricted area. private and commercial fishing vessels, (a) The area. Beginning at latitude other commercial vessels, barges, and 30°22′28″, longitude 87°16′00″; thence to

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latitude 30°21′02″, longitude 87°14′20″; vision or contract to local military or thence to latitude 30°20′02″, longitude Naval authority, vessels of the U.S. 87°15′16″; thence to latitude 30°20′11″; Coast Guard and local or State law en- longitude 87°17′58″; and thence to 272° forcement vessels are prohibited from true to the shore. entering the restricted area without (b) The regulations. (1) The area is es- permission from the Supervisor of tablished as a Naval Air Station small Shipbuilding, Conversion and Repair, boat operations and training area. USN, Gulf Coast, Pascagoula, Mis- (2) All persons, vessels, and other sissippi or his/her authorized represent- craft are prohibited from entering the ative. waters described in paragraph (a) of (2) The restricted area is in effect this section for any reason. All vessels twenty four hours per day and seven and craft, including pleasure vessels days a week. and craft (sailing, motorized, and/or (3) Should warranted access into the rowed or self-propelled), private and restricted navigation area be needed, commercial fishing vessels, other com- all entities are to contact the Super- mercial vessels, barges, and all other visor of Shipbuilding, Conversion and vessels and craft, except vessels owned or operated by the United States and/or Repair, USN, Gulf Coast, Pascagoula, a Federal, State, or local law enforce- Mississippi, or his/her authorized rep- ment agency are restricted from enter- resentative on Marine Communication ing, transiting, anchoring, drifting or Channel 16. otherwise navigating within the area (c) Enforcement. The regulation in described in paragraph (a) of this sec- this section shall be enforced by the tion. Supervisor of Shipbuilding, Conversion (3) The regulations in this section and Repair, USN, Gulf Coast, shall be enforced by the Commanding Pascagoula, Mississippi, and/or such Officer, Naval Air Station Pensacola agencies or persons as he/she may des- and/or such persons or agencies he/she ignate. may designate. [74 FR 48152, Sept. 22, 2009, as amended at 77 [13 FR 9561, Dec. 31, 1948, as amended at 25 FR 42653, July 20, 2012] FR 2666, Mar. 30, 1960; 28 FR 349, Jan. 12, 1963. Redesignated at 50 FR 42696, Oct. 22, 1985, as § 334.783 Arlington Channel, U.S. amended at 62 FR 17555, Apr. 10, 1997; 70 FR Coast Guard Base Mobile, Mobile, 67372, Nov. 7, 2005] Alabama, Coast Guard restricted area. § 334.782 SUPSHIP Gulf Coast, Pascagoula, Mississippi, Detach- (a) The area. The waters of Arlington ment Mobile, Alabama at AUSTAL, Channel west of a line from latitude USA, Mobile, Alabama; restricted 30°–39′—09′′N, longitude 088°–03′–24′′ W to area. latitude 30°–38′–54°° N., longitude 088′– (a) The area. The restricted area 03°–17′′ W. would encompass all navigable waters (b) The regulations. The restricted of the United States, as defined at 33 area is open to U.S. Government ves- CFR part 329, contiguous to the area sels and transiting vessels only. U.S. identified as AUSTAL, USA and the Government vessels include U.S. Coast mean high water level within a rectan- Guard vessels, Department of Defense gular shaped area on the east side of vessels, state and local law enforce- the Mobile River beginning at latitude ment and emergency services vessels 30°41′36.46″, longitude—88°2′2.70″; thence and vessels under contract with the westerly to latitude 30°41′35.85″, lon- U.S. Government. Vessels transiting gitude—88°2″; 5.12″; thence southerly to the restricted area shall proceed across latitude 30°41′26.67″, longitude— the area by the most direct route and 88°2′3.62″; thence easterly to latitude without unnecessary delay. Fishing, 30°41′26.98″, longitude—88°2′1.81″ ; thence trawling, net-fishing and other aquatic northerly along the easterly shoreline activities are prohibited in the re- to the point of origin. stricted area without prior approval (b) The regulations. (1) All persons, from the Commanding Officer, U.S. swimmers, vessels and other craft, ex- Coast Guard Group Mobile or his des- cept those vessels under the super- ignated representative.

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(c) Enforcement. The regulations in (b) The regulations. (1) No person, ves- this section shall be enforced by the sel or watercraft shall enter or remain Commanding Officer, U.S. Coast Guard in the area at any time, day or night, Group Mobile or his designated rep- except with express written approval of resentative. the enforcing agency or as a result of [69 FR 45259, July 29, 2004] force majeure. (2) The regulations in this section § 334.790 Sabine River at Orange, Tex.; shall be enforced by the Chief of Naval restricted area in vicinity of the Air Training, U.S. Naval Air Station, Naval and Marine Corps Reserve Corpus Christi, Tex., and such agencies Center. as he may designate. (a) The area. The berthing area of the Naval and Marine Corps Reserve Center [43 FR 30054, July 13, 1978. Redesignated at 50 and the waters adjacent thereto from FR 42696, Oct. 22, 1985, as amended at 62 FR the mean high tide shoreline to a line 17556, Apr. 10, 1997] drawn parallel to, and 100 feet § 334.802 Ingleside Naval Station, channelward from lines connecting the Ingleside, Texas; restricted area. pier head of Pier 10 and from a line drawn parallel to, and 200 feet up- (a) The area. The waters of Corpus stream from, Pier 10 to a line drawn Christi Bay beginning at a point at parallel to, and 100 feet downstream latitude 27°49′15.0″ N, longitude from Pier 10. 97°12′6.0″ W, thence southerly to lati- (b) The regulations. (1) No person, ves- tude 27°49′7.3″ N, longitude 97°12′5.4″ W, sel or other craft, except personnel and thence south-southwesterly to latitude vessels of the U.S. Government or 27°49′01″ N, longitude 97°12′39.4″ W, those duly authorized by the Com- thence west-northwesterly to latitude manding Officer, Naval and Marine 27°49′02.4″ N, longitude 97°12′48.3″ W, Corps Reserve Center, Orange, Texas, thence north-northeasterly to latitude shall enter, navigate, anchor or moor 27°49′16.5″ N, longitude 97°12′41.5″, in the restricted area. thence easterly to latitude 27°49′17.0″ N, (2) The regulations of this section longitude 97°12′27.5″ W, thence easterly shall be enforced by the Commanding along the shoreline to the point of be- Officer, Naval and Marine Corps Re- ginning. serve Center, Orange, Texas, and such (b) The regulations. Mooring, anchor- agencies as he may designate. ing, fishing, recreational boating or [44 FR 42968, July 23, 1979. Redesignated at 50 any activity involving persons in the FR 42696, Oct. 22, 1985, as amended at 62 FR water shall not be allowed within the 17556, Apr. 10, 1997] restricted area. Commercial vessels at anchor will be permitted to swing into § 334.800 Corpus Christi Bay, Tex.; sea- the restricted area while at anchor and plane restricted area, U.S. Naval Air Station, Corpus Christi. during tide changes. (c) Enforcement. The regulations in (a) The area. The waters of Corpus this section shall be enforced by the Christi Bay within the area described Commanding Officer, Naval Station, as follows: Beginning at a point on the Ingleside and such agencies as he/she south shore of Corpus Christi Bay at shall designate. the ‘‘North Gate’’ of the U.S. Naval Air Station at longitude 97°17′15.0″ W.; [57 FR 46303, Oct. 8, 1992; 58 FR 6718, Feb. 2, thence through points at: 1993, as amended at 62 FR 17556, Apr. 10, 1997]

North latitude West longitude § 334.810 Holston River at Holston 27°42′34.9″ 97°17′09.6″ Ordnance Works, Kingsport, Tenn.; 27°41′46.8″ 97°14′23.8″ restricted area. 27°41′15.1″ 97°14′35.4″ 27°41′27.0″ 97°15′16.7″ (a) The area. That portion of Holston 27°40′41.6″ 97°15′33.3″ River within the boundaries of the Government reservation. thence to a point on shore at latitude (b) The regulations. (1) Except in cases 27°40′44.9″ N.; thence along the shore to of extreme emergency, all vessels other the point of beginning. than those owned or controlled by the

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U.S. Government and any activity in- Maine and/or such agencies or persons volving persons in the water, are pro- as he/she may designate. hibited from entering the area without [77 FR 20296, Apr. 4, 2012] prior permission of the enforcing agen- cy. § 334.820 Lake Michigan; naval re- (2) The regulations in this section stricted area, U.S. Naval Training shall be enforced by the Commanding Center, Great Lakes, Ill. Officer of the Holston Ordnance Works, (a) The area. An area extending in a Kingsport, Tennessee, and such agen- north and south direction from the cies as he may designate. Great Lakes, Illinois, south breakwater to an east-west line projecting east- [20 FR 7075, Sept. 30, 1955. Redesignated at 50 ward from the shore termination of the FR 42696, Oct. 22, 1985, as amended at 62 FR 17556, Apr. 10, 1997] north fence of the U.S. Naval Training Center, Great Lakes, Illinois, and ex- § 334.815 Menominee River, at the tending into Lake Michigan for a dis- Marinette Marine Corporation tance of one mile from the shoreline. Shipyard, Marinette, Wisconsin; (b) The regulations. No person or ves- naval restricted area. sel of any kind, except those engaged (a) The area. The waters adjacent to in naval operations, shall enter, navi- Marinette Marine Corporation’s pier gate, anchor, or moor in the restricted area without first obtaining permission defined by a rectangular shaped area to do so from the Commander, U.S. on the south side of the river beginning Naval Training Center, Great Lakes, Il- on shore at the eastern property line of linois, or his authorized representative. Marinette Marine Corporation at lati- tude 45°5′58.7″ N, longitude 087°36′55.9″ [28 FR 319, Jan. 11, 1963. Redesignated at 50 W; thence northerly to latitude FR 42696, Oct. 22, 1985, as amended at 62 FR 45°5′59.2″ N, longitude 087°36′55.8″ W; 17556, Apr. 10, 1997] ° ′ ″ thence westerly to latitude 45 5 59.6 N, § 334.830 Lake Michigan; small-arms longitude 087°36′57.5″ W; thence west- range adjacent to U.S. Naval Train- erly to latitude 45°6′00.0″ N, longitude ing Center, Great Lakes, Ill. 087°36′58.7″ W; thence westerly to lati- ° ′ ″ ° ′ ″ (a) The danger zone. An area bounded tude 45 6 1.7 N, longitude 087 37 4.9 W; on the north by latitude 42°20′30″; on ° ′ ″ thence westerly to latitude 45 6 2.8 N, the east by longitude 87°47′30″; on the ° ′ ″ longitude 087 37 9.8 W; thence south- south by latitude 42°18′45″; and on the ° ′ ″ erly to latitude 45 6 2.2 N, longitude west by the shoreline. ° ′ ″ 087 37 10.0 W; thence easterly along the (b) The regulations. (1) When firing af- Marinette Marine Corporation pier to fecting the danger zone is in progress, the point of origin. The restricted area the enforcing agency will post guards will be marked by a lighted and signed at such locations that the waters in the floating buoy line. danger zone may be observed and ar- (b) The regulation. All persons, swim- range signals whereby these guards mers, vessels and other craft, except may stop the firing should any person those vessels under the supervision or or vessel be seen in the waters of the contract to a local military or Naval danger zone. When firing is in progress, authority, vessels of the United States the enforcing agency will cause red Coast Guard, and local or state law en- flags to be displayed on shore near the forcement vessels, are prohibited from rifle butts, which may be readily dis- entering the restricted area when cernible to a person in a vessel within marked by a signed floating buoy line the danger zone. without permission from the Super- (2) The enforcing agency is hereby visor of Shipbuilding, Conversion and authorized to use such agencies as Repair, United States Navy, Bath, shall be necessary to prohibit all per- Maine or his/her authorized representa- sons and vessels from entering the area tive. until such time as shall be convenient. (c) Enforcement. The regulation in (3) If such flags are displayed it will this section shall be enforced by the indicate that firing is in progress, and Supervisor of Shipbuilding, Conversion that the waters in the danger zone are and Repair, United States Navy, Bath, subject to impact by rounds missing or

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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 may designate. § 334.845 Wisconsin Air National 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 amended at 62 FR 17556, Apr. 10, 1997] (a) The area. (1) The waters within an 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 250 feet east of the center line of the cises will be conducted, as promulgated runway at the south end of said air in the Local Notice to mariners pub- strip. During the navigation season, lished by the United States Coast the southeast and southwest corners of Guard (USCG), all vessels entering the Zone A will be marked with spar buoys danger zone are advised to proceed colored and lettered as prescribed by across the area by the most direct the U.S. Coast Guard. route and without unnecessary delay. (2) Zone B. Beginning at the south- (2) During specific, infrequent periods west corner of Zone A; thence 183°, 500 when Military exercises will be con- feet; thence 90°, 700 feet; thence north- ducted, as promulgated in the Local erly to the southeast corner of Zone A; Notice to mariners published by the and thence 270° to the point of begin- USCG, no vessel or craft of any size ning. During the navigation season, the shall lie-to or anchor in the danger southeast and southwest corners of zone, other than a vessel operated by Zone B will be marked with spar buoys or for the USCG, or any other author- colored and lettered as prescribed by ized agency. the U.S. Coast Guard. (c) Normal use. At all other times, (b) Regulations. (1) During daylight nothing in this regulation shall pro- hours (from one-half hour before sun- hibit any lawful uses of this area. rise to one-half hour after sunset), and (d) Enforcement. The regulation in when the airport on Northerly Island is this section shall be enforced by the in operation, no vessel or other Commanding Officer, VOLK Field, WI, watercraft any part of which extends and/or persons or agencies as he/she more than 15 feet above the water sur- may designate. face shall enter or remain in Zone A, and no vessel or other watercraft any [69 FR 45591, July 30, 2004]

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§ 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 nounced in a special firing notice un- paragraph (e) of this section. Users of less specific permission is granted in the waterway shall familiarize them- each instance by a representative of selves with the current special firing the enforcing officer. notices. If in doubt, inquiry should be (2) The danger areas within the dan- made to the enforcing officer indicated ger zone shall be open to the public for in paragraph (e) of this section. navigation, fishing and other public (6) Agencies desiring to use the areas use when firing and/or bombing is not shall present their requirements to the scheduled. respective enforcing officer who is re- (e) Enforcing agencies. The regula- sponsible for, and is granted authority tions in this section shall be enforced to, coordinate the firing and estab- for the respective danger areas by the lished priorities, for the using agencies.

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(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 San Diego Bay, 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 Creek from Point D (latitude by, under hire to, or performing work 37°51′31.77″ N; longitude 86°00′03.79″ W) for, the Naval Amphibious Base. located approximately 3.4 miles north (3) All vessels entering the restricted of Vine Grove, Kentucky to Point E area shall proceed across the area by (latitude 37°55′21.95″ N; longitude the most direct route and without un- 86°01′47.38″ W) located approximately necessary delay. For vessels under sail, 2.3 miles southwest of Muldraugh. necessary tacking shall constitute a di- (b) The regulation. All persons, swim- rect route. mers, vessels and other craft, except (4) The regulations in this section those vessels under the supervision or shall be enforced by the Commanding contract to local military or Army au- Officer, Naval Amphibious Base, Coro- thority, vessels of the United States nado, California, and such agencies as

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he/she shall designate. Organized ac- serve to control its use in order to pro- tivities (such as sail races and regat- tect vital National interests. tas) within the restricted area may be (c) Enforcement. The regulation in allowed providing that a request has this section, promulgated by the been made to the Commanding Officer, United States Army Corps of Engi- Naval Amphibious Base, Coronado, San neers, shall be enforced by the Com- Diego, California 92155 or by calling, mander, Navy Region Southwest, and telephone number (619) 522–4833 at least such agencies or persons as he/she may 10 days prior to the event. designate. [49 FR 49453, Dec. 20, 1984. Redesignated at 50 [68 FR 37972, June 26, 2003] FR 42696, Oct. 22, 1985] § 334.866 Pacific Ocean at Naval Base § 334.865 Naval Air Station North Is- Coronado, in the City of Coronado, land, San Diego, California, re- San Diego County, California; naval stricted area. danger zone. (a) The area. The waters within an area beginning at 32°42′55.0″ N, (a) The area. A fan-shaped area ex- 117°11′30.5″ W; thence running easterly tending westerly into the waters of the to 32°42′57.0″ N, 117°11′22.5″ W; thence Pacific Ocean from a point on the running easterly to 32°42′56.0″ N, beach of Naval Base Coronado, Coro- 117°11′19.0″ W; thence running south- nado, California beginning at latitude ° ′ ″ ° ′ ″ easterly to 32°42′49.0″ N, 117°11′08.5″ W; 32 41 13 N, longitude 117 12 45 W; thence running southeasterly to thence easterly, along the mean high ° ′ ″ 32°42′44.5″ N, 117°11′06.5″ W; thence run- water mark, to latitude 32 41 14 N, lon- ° ′ ″ ning southerly to 32°42′40.0″ N, gitude 117 12 32 W; thence southerly to ° ′ ″ ° ′ ″ 117°11′06.5″ W. latitude 32 40 31 N, longitude 117 12 12 ° ′ ″ (b) The regulation. (1) The restricted W; thence westerly to latitude 32 40 25 ° ′ ″ area shall not be open to swimming, N, longitude 117 12 43 W; thence north- fishing, water-skiing, mooring or an- erly, landward, to the point of origin. chorage. (b) The regulations. (1) Range live fir- (2) Dragging, seining, other fishing ing on the Naval Base Coronado, Coro- operations, and other activities not nado, California small arms range may under the direction of the United occur at any time. Information on live States, which might foul underwater firing schedules and coordination for installations within the restricted community concerns can be obtained area, are prohibited. by calling the Naval Base Coronado (3) All tows entering the restricted Small Arms Range Safety Officer at area shall be streamed and shortened 619–545–8413 during normal working to the seaward of the area and towing hours. Assistance is also available via appendages and catenaries shall not be the Naval Base Coronado Hotline at dragged along the bottom while pro- 619–545–7190 or the Naval Base Coronado ceeding through the area. operator at 619–545–1011. If the phone (4) All vessels entering the restricted numbers are changed, they will be up- area shall proceed across the area by dated on the Naval Base Coronado Web the most direct route and without un- site http://www.cnic.navy.mil/Coronado. necessary delay. (2) The danger zone will be open to (5) No vessel or craft of any size shall fishing and general navigation when no lie-to or anchor in the restricted area weapons firing is scheduled, which will at any time other than a vessel oper- be indicated by the absence of any ated by or for components, or other warning flags or flashing lights on land vessels authorized by Commander, in the locations specified in paragraphs Navy Region Southwest, or his/her des- (b)(3) and (b)(4) of this section. ignee. (3) When live firing is about to be un- (6) When security conditions dictate, dertaken or is in progress during day- Naval security forces may impose light hours, three (3) large red warning strict enforcement of stand-off dis- flags will be displayed at the top of the tances within the restricted area. This flag poles on the southern berm of the enforcement will not prevent utiliza- small arms range, so as to be clearly tion of navigable channels, but will visible from all points of entry into the

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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 the danger zone is prohibited. 4 32°41′35.8″ N 117°13′48.0″ W 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 scribed in paragraphs (b)(3) and (b)(4) of portion of San Diego Bay near Point this section are displayed. Operation of Loma, inclosed by lines connecting the the small arms range will only occur following points, which are rectangular when visibility is sufficient to main- coordinates and are referred to U.S. tain visual surveillance of the danger Coast and Geodetic Survey station zone and vicinity. In the event of lim- ‘‘Old Town’’ as their origin: ited visibility due to rain, fog or other conditions, live firing will be postponed ‘‘a’’ S. 18,738.80, W. 16,299.50. ‘‘b’’ S. 18,817.60, W. 15,791.30. until the danger zone can be confirmed ‘‘c’’ S. 19,376.09, W. 14,270.73. clear of all vessels and individuals. ‘‘d’’ S. 20,023.15, W. 14,462.94. (9) Naval Base Coronado will main- ‘‘e’’ S. 21,080.24, W. 14,333.14. tain a schedule of live firing at the ‘‘f’’ S. 22,074.40, W. 16,371.48.

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(2) The regulations. (i) There shall be Station Latitude Longitude no introduction of external magnetic C 32°42′54″ N 117°10′38″ W field sources within the area. D 32°42′54″ N 117°10′25″ W (ii) Craft of any size shall not be ex- cluded from transiting the area. How- (2) The regulations. (i) No vessel or ever, they shall proceed through the craft of any size shall lie-to or anchor area by the most direct route without in the restricted area at any time other delay or loitering. On occasion, access than a vessel operated by or for the to the bait barges may be delayed for U.S. Navy, U.S. Coast Guard, other au- intermittent periods not exceeding 30 thorized military components, or other minutes. vessels authorized by Commander (iii) No craft of any size shall lay-to Naval Base, San Diego or his designee. or anchor within the area except on (ii) Loitering, dredging, dragging, prior permission granted by the Officer seining, fishing and similar activities in Charge, U.S. Naval Degaussing Sta- within the restricted area are prohib- tion. ited. (c) Restricted area between Ballast (e) Enforcement. The regulations in Point and Zuniga Point—(1) The area. this section shall be enforced by the An area in San Diego Bay between Bal- Commander, Naval Base, San Diego, last Point and Zuniga Point inclosed California, and such agencies as he/she by lines connecting the following sta- may designate. tions: [17 FR 5951, July 2, 1952, as amended at 29 FR Station Latitude Longitude 9710, July 18, 1964; 35 FR 16370, Oct. 20, 1970; 49 FR 33646, Aug. 24, 1984. Redesignated at 50 A 32°41′17″ 117°13′58″ FR 42696, Oct. 22, 1985, as amended at 55 FR ° ′ ″ ° ′ ″ B 32 41 19 117 13 36.5 27102, June 29, 1990; 55 FR 31689, Aug. 3, 1990] C 32°41′01″ 117°13′34″ D 32°40′59″ 117°13′55″ E 32°41′03″ 117°13′56″ § 334.880 San Diego Harbor, Calif.; A 32°41′17″ 117°13′58″ naval restricted area adjacent to Point Loma. (2) The regulations. (i) No vessel shall (a) The area. That portion of San anchor within the restricted area at Diego Bay southerly of Ballast Point, any time. exclusive of the southwesterly portion (ii) Dredging, dragging, seining, other of the restricted area described in fishing operations, and other activities § 334.612(b) located westerly of the en- not under the direction of the United trance channel, bounded on the west by States, which might foul underwater the shoreline at Point Loma, on the installations within the restricted east by the entrance channel west area, are prohibited. project line, and on the south by lati- (iii) All tows entering the restricted tude 32°40′. area shall be streamed and shortened (b) The regulations. (1) The area is re- to the seaward of the area and towing served for anchorage of vessels of the appendages and catenaries shall not be U.S. Government and authorized har- dragged along the bottom while pro- bor pilot and patrol boats. All other ceeding through the area. craft may navigate and operate (iv) All vessels entering the re- through the area, and temporary moor- stricted area shall proceed across the ing of vessels (not to exceed 24 hours) is area by the most direct route and with- permissible. out unnecessary delay. (2) No other vessels shall anchor or (d) Restricted area at the Naval Supply moor permanently in the area except Center Pier—(1) The area. The waters of by special permission obtained in ad- San Diego Bay extending approxi- vance from the Commander, Naval mately 100 feet out from the north, Base, San Diego, Calif. west and south sides of the Naval Sup- (3) The regulations in this section ply Center Pier enclosed by lines con- shall be enforced by the Commandant, necting the following stations: 11th Naval District, San Diego, Calif., Station Latitude Longitude and such agencies as he may designate.

A 32°42′50″ N 117°10′25″ W [30 FR 4756, Apr. 14, 1965. Redesignated at 50 B 32°42′50″ N 117°10′38″ W FR 42696, Oct. 22, 1985]

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§ 334.890 Pacific Ocean off Point Loma, Pendleton, California, and such agen- Calif.; naval restricted area. cies as he may designate. (a) The area. The waters of the Pa- [24 FR 1214, Feb. 17, 1959. Redesignated at 50 cific Ocean within an area extending FR 42696, Oct. 22, 1985] southerly from Point Loma, California, described as follows: Beginning at lati- § 334.905 Pacific Ocean, offshore of tude 32°39′54″, longitude 117°13′18″; Camp Pendleton, California; thence southeasterly to latitude Fallbrook restricted area. 32°34′31″, longitude 117°09′41″; thence (a) The area. The waters of the Gulf ° ° ′ ″ 270 true to longitude 117 16 40 ; thence of Santa Catalina, offshore of Camp ° ′ ″ due north to latitude 32 39 54 ; and Pendleton in the Pacific Ocean, San ° thence 90 true to the point of begin- Diego County, California. The center of ning. the restricted area is located at 33°18.6′ (b) The regulations. (1) No vessel shall N. latitude, 117°32.0′ W. longitude, with anchor within the restricted area at a radius of 9,000 feet. any time without specific permission of the enforcing agency. (b) The regulations. (1) No vessel or (2) Dredging, dragging, seining, and craft of any size shall lie-to or anchor other similar operations within the re- in the restricted area at any time other stricted area are prohibited. than a vessel operated by or for the (3) The regulations in this section U.S. Coast Guard, local, State or Fed- shall be enforced by the Commandant, eral law enforcement agencies. 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 42696, Oct. 22, 1985] (c) Enforcement. The regulations in 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 (2) Dredging, dragging, seining, fish- owned or operated by the Federal Gov- ing operations, and other activities, ernment. Permission to enter the area which might foul underwater installa- must be obtained from the enforcing tions within the restricted area, are agency. prohibited. (2) The regulations in this section (3) All vessels entering the restricted shall be enforced by the Commanding area shall proceed across the area by General, U.S. Marine Corps Base, Camp the most direct route and without un- Pendleton, California, or such agencies necessary delay. (4) The regulations in this section as he may designate. shall be enforced by the Commanding [28 FR 13784, Dec. 19, 1963. Redesignated at 50 General, U.S. Marine Corps Base, Camp FR 42696, Oct. 22, 1985]

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§ 334.920 Pacific Ocean off the east 32°58′30″ N. 118°36′40″ W. coast of San Clemente Island, Calif.; 32°57′45″ N. 118°38′38″ W. naval restricted area. (b) The regulation. (1) The use of this (a) The area. The waters of the Pa- area for anchorage is prohibited to all cific Ocean within an area extending craft at all times. easterly from the east coast of San (2) The regulations in this section Clemente Island, California, described shall be enforced by the Commander, as follows: The northerly boundary to Naval Base, San Diego, and such agen- be a continuation, to seaward of the ex- cies as he/she shall designate. isting southerly boundary of the re- stricted anchorage area, as described in [50 FR 50297, Dec. 10, 1985] 110.218 of this chapter, to latitude 33°00.3′ N., longitude 118°31.1′ W.; thence § 334.930 Anaheim Bay Harbor, Calif.; to latitude 32°58.6′ N., longitude Naval Weapons Station, Seal Beach. 118°30.0′ W.; thence to latitude 32°57.9′ (a) The restricted area. The water of N., longitude 118°31.3′ W on the shore- Anaheim Bay Harbor between the east line; thence northerly along the shore- and west jetties at the United States line to the point of beginning. Naval Weapons Station, Seal Beach, (b) The regulations. (1) No person or California, and the contiguous tidal vessels, other than Naval Ordnance channel and basin as far east as the Test Station craft, and those cleared Anaheim Bay bridge. for entry by the Naval Ordnance Test (b) The regulation. (1) The authority Station, shall enter the area at any of the Naval Weapons Station Com- time except in an emergency, pro- manding Officer in this area extends to ceeding with extreme caution. restricting and disallowing the navi- (2) Dredging, dragging, seining or gating or anchorage of craft during other fishing operations within these such times as the Commanding Officer boundaries are prohibited. determines that considerations of na- (3) No seaplanes, other than those ap- tional security or safety warrant such proved for entry by Naval Ordnance action(s). Test Station, may enter the area. (4) The regulations in this section (2) All craft authorized transit of this shall be enforced by security personnel area shall stay within the limits of the attached to the U.S. Naval Ordnance entrance channel in the Outer Harbor, Test Station, China Lake, California, and confine their movement to within and by such agencies as may be des- the limits of the marked small craft ignated by the Commandant, Eleventh channel at the southern portion of the Naval District, San Diego, California. Inner Harbor. (3) Recreational craft, such as water [23 FR 2098, Mar. 29, 1958, as amended at 48 skis, jet skis (personal water craft), FR 6708, Feb. 15, 1983; 48 FR 8273, Feb. 28, 1983. Redesignated at 50 FR 42696, Oct. 22, row boats, canoes, kayaks, wind surf- 1985, as amended at 62 FR 17556, Apr. 10, 1997] ers, sail boards, surf boards, etc., and any activity involving persons in the § 334.921 Pacific Ocean at San water, are specifically prohibited with- Clemente Island, Calif.; naval re- in the restricted area. stricted area. (4) Boats unable to throttle down or (a) The area. All waters between the to maintain steerage way at 5 miles per northern and southern boundaries of hour speed shall proceed at the min- the area known as West Cove seaward imum speed consistent with seaman- approximately four miles. The north- ship in an area regularly subject to wa- ern boundary is defined by the coordi- terborne explosive handling operations. nates: In case of doubt, boat operators of in- 33°00′52″ N. 118°36′18″ W. bound boats will remain in the west 32°59′30″ N. 118°37′30″ W. end of the basin and outbound boats in 32°59′20″ N. 118°38′38″ W. the east end of the basin until informed by a representative of the Naval Weap- The southern boundary is defined by ons Station or U.S. Coast Guard of the the coordinates: completion of the waterborne explosive 33°00′40″ N. 118°35′27″ W. handling hazard.

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(5) Smoking, open flames and bar- § 334.940 Pacific Ocean in vicinity of becues in boats are prohibited during San Pedro, Calif.; practice firing the transit of this area. 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 ° ′ ″ ° ′ ″ shall be enforced by the Commanding tude 33 44 54 , longitude 118 24 42 ; and Officer, U.S. Naval Weapons Station, thence southerly along the shore to the Seal Beach, California, and such agen- point of beginning. cies as he/she may designate. For clari- (b) The regulations. (1) Intermittent fication or other information, the U.S. firing may take place in the danger Naval Weapons Station Command Duty zone on any day from sunrise to sunset. Officer should be contacted at (213) 594– (2) Except as otherwise provided in 7101. this paragraph, the danger zone will be open to fishing and general navigation. [53 FR 6942, Mar. 3, 1988, as amended at 62 FR 17556, Apr. 10, 1997] When firing is not scheduled the danger zone may be occupied without restric- § 334.938 Federal Correctional Institu- tion. When firing is in progress safety tion, Terminal Island, San Pedro observers will be maintained to warn Bay, California; restricted area. all vessels. Notice to vacate the area, (a) The area. The waters of San Pedro or to stop at the boundaries, will be Bay on the east side of Reservation given by siren, patrol vessel, or other Point extending 150 feet (50 yards), effective means, and such notice shall from the Federal Correctional Institu- be promptly obeyed. All vessels per- tion fence along the shore to the fol- mitted to enter the danger zone during lowing stations: a firing period, other than those owned by and operated by or under the direc- Station Latitude Longitude tion of the U.S. Government, shall pro- 1 33°43′45.5″ N 118°16′2.0″ W ceed across the area by the most direct 2 33°43′37.0″ N 118°15′58.0″ W route and clear the area with the ° ′ ″ ° ′ ″ 3 33 43 27.5 N 118 15 54.5 W greatest possible dispatch. No person shall enter the water and no vessel, The stations will be marked by three fishing boat, or recreational craft shall special purpose buoys (white with an anchor in the danger zone during an ac- orange diamond in the center). tual firing period. (b) The regulations. No person or ves- sel of any kind shall enter, navigate, (3) Nothing in this section shall be anchor or moor within the restricted construed as relieving the owner or area without first obtaining the per- person in charge of a vessel from any mission of the Warden, Federal Correc- penalties for obstructing navigation, or tional Institution, Terminal Island. for obstructing or interfering with The regulations in this section shall be range lights, or for not complying with enforced by the U.S. Coast Guard, the the navigation laws in regard to lights Warden of the Federal Correctional In- and fog signals, or for otherwise vio- stitution, Terminal Island, and such lating any law or regulations. agencies and he/she may designate. (4) The regulations in this section shall be enforced by the Commanding [57 FR 58098, Dec. 8, 1992; 58 FR 42237, Aug. 9, 1993, as amended at 62 FR 17556, Apr. 10, 1997]

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Officer, Fort MacArthur, California, (3) Information about scheduled exer- and such agencies as he may designate. cises will be published in the Local No- tice to Mariners and also may be ob- [19 FR 3795, June 22, 1954, as amended at 27 tained by calling the shore bombard- FR 2465, Mar. 15, 1962. Redesignated at 50 FR 42696, Oct. 22, 1985, as amended at 62 FR 17556, ment area scheduler at (619) 437–2231. Apr. 10, 1997] Vessels in the vicinity of San Clemente Island may obtain information on the § 334.950 Pacific Ocean at San status of the range by contacting the Clemente Island, California; Navy Navy Observation Post by marine radio shore bombardment areas. on channel 16. However, the Navy Ob- (a) The danger zones. (1) The waters of servation Post is normally manned the Pacific Ocean within an area begin- only during firing exercises. In addi- ning at China Point Light; extending tion, since the Navy Observation Post in a direction of 181 degrees true, 2.0 may not be able to receive radio trans- nautical miles; thence 072.5 degrees missions or answer a vessel calling 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 the firing vessel and the shore. The mile off the west coast of San area described in paragraph (a)(3) of Clemente Island basically outlined as this section is hazardous due to the follows: possibility of rounds landing in the waters east of San Clemente Island. Latitude Longitude (2) All persons in the area are warned 33°00′40″ 118°35′45″ that unexploded ordinance exists with- 32°57′40″ 118°34′25″ 32°57′10″ 118°35′40″ in the shore bombardment area on San 33°00′10″ 118°37′00″ Clemente Island and in the surrounding 33°00′40″ 118°35′45″ waters. All persons should exercise ex- treme caution when operating in the (b) The regulations. (1) Intermittent area. firing may take place in the danger

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zone on any day from 8:00 a.m. until forcing agency. No vessel or other 1:00 p.m. craft, except vessels of the U.S. Gov- (2) Except as otherwise provided in ernment or vessels duly authorized by this section, the danger zone will be the enforcing agency shall enter this open to fishing and general navigation. area during closure periods. (3) The operations officer, Naval Ord- (2) The regulations in this section nance Test Station, Pasadena Annex, shall be enforced by the commander, Pasadena, California, will announce Naval Base, San Diego, California, and firing schedules. Each week, public no- such agencies as he/she shall designate. tices will be issued giving advance fir- [55 FR 41522, Oct. 12, 1990, as amended at 62 ing schedules. Such notices will appear FR 17557, Apr. 10, 1997] in the local newspapers and in local ‘‘Notice to Mariners’’ and ‘‘Notice to § 334.980 Pacific Ocean; around San Airmen.’’ For the benefit of the fisher- Nicolas Island, Calif., naval re- men and small-craft operators, an- stricted area. nouncements will be made on the ma- (a) The area. The waters of the Pa- rine radio. cific Ocean around San Nicolas Island, (4) When a scheduled firing is about Calif., extending about 3 miles seaward to be undertaken, fishing boats and from the shoreline, described as fol- other small craft will be contacted by lows: surface patrol boats or aircraft equipped with a loudspeaker system. Latitude Longitude When so notified, all persons and ves- Point A 33°10′10″ 119°24′20″ sels shall leave the area immediately Point C 33°10′10″ 119°31′10″ by the shortest route. Upon completion Point D 33°12′00″ 119°35′30″ ° ′ ″ ° ′ ″ of firing or if the scheduled firing is Point E 33 14 20 119 37 40 Point F 33°16′40″ 119°38′10″ cancelled for any reason, fishermen and Point G 33°19′10″ 119°37′10″ small-boat operators will be notified as Point I 33°20′10″ 119°31′10″ far in advance as possible by Marine Point K 33°17′40″ 119°24′50″ Point L 33°13′50″ 119°21′50″ Radio Broadcast. (5) The regulations in this section (b) Sections of area. (1) ALPHA sec- shall be enforced by security personnel tion is the northerly section of the attached to the Naval Ordnance Test area, and is described as follows: Station, Pasadena Annex, and by such agencies as may be designated by the Latitude Longitude Commandant, Eleventh Naval District, Point G 33°19′10″ 119°37′10″ San Diego. Point I 33°20′10″ 119°31′10″ Point J 33°18′18″ 119°26′29″ [27 FR 6829, July 19, 1962. Redesignated at 50 Point O 33°15′43″ 119°28′40″ FR 42696, Oct. 22, 1985, as amended at 62 FR 17557, Apr. 10, 1997; 62 FR 24034, May 2, 1997] Thence northwesterly along shoreline to Point N

Point N 33°16′30″ 119°30′40″ § 334.961 Pacific Ocean, San Clemente ° ′ ″ ° ′ ″ Island, California, naval danger Point G 33 19 10 119 37 10 zone off the northwest shore. (2) BRAVO section is the westerly (a) The danger zone: The waters of the section of the area, and is described as Pacific Ocean adjacent to San follows: Clemente Island, California, bounded by the following coordinates and San Latitude Longitude Clemente Island: Point N 33°16′30″ 119°30′40″ Point A—33°01′38″ N 118°36′20″ W ° ′ ″ ° ′ ″ Thence westerly, southerly and easterly along the shoreline Point B—33 01 11 N 118 37 25 W to Point M Point C—33°00′11″ N 118°37′00″ W Point D—33°00′05″ N 118°38′53″ W Point M 33°13′10″ 119°29′40″ Point E—33°02′55″ N 118°39′05″ W Point B 33°10′10″ 119°29′40″ Point F—33°04′25″ N 118°37′41″ W Point C 33°10′10″ 119°31′10″ Point G—33°02′02.5″ N 118°35′53″ W Point D 33°12′00″ 119°35′30″ Point E 33°14′20″ 119°37′40″ (b) The regulations: (1) No person shall Point F 33°16′40″ 119°38′10″ enter this area during closure periods Point G 33°19′10″ 119°37′10″ Point N 33°16′30″ 119°30′40″ unless authorized to do so by the en-

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(3) CHARLIE section is the easterly craft and those cleared for entry by section of the area, and is described as COMPMR, or the Officer-in-Charge, follows: San Nicolas Island shall enter any sec- tion of the area at any time except in Latitude Longitude an emergency, proceeding with ex- Point J 33°18′18″ 119°26′29″ treme caution. Point O 33°15′43″ 119°28′40″ (3) Dredging, dragging, seining, an- Thence easterly, southerly and westerly along the shoreline choring and other fishing operations to Point M within ALPHA section of the area are prohibited at all times. Point M 33°13′10″ 119°29′40″ Point B 33°10′10″ 119°29′40″ (4) Dredging, dragging, seining, or Point A 33°10′10″ 119°24′20″ other fishing operations are allowed ° ′ ″ ° ′ ″ Point L 33 13 50 119 21 50 within the boundaries of BRAVO and Point K 33°17′40″ 119°24′50″ Point J 33°18′18″ 119°26′29″ CHARLIE sections at all times except when declared closed by COMPMR. No- (c) Markers. Range markers, as delin- tice that sections BRAVO and/or eated below, are installed at Points M, CHARLIE are closed to fishing shall be N, and O for navigational purposes to given by publication of notices to indicate the boundaries between sec- mariners, or may be obtained by moni- tions ALPHA, BRAVO, and CHARLIE. toring standard Coast Guard radio (1) At Point M two triangular mark- broadcasts or by contacting the Pacific ers are installed facing southward, 10 Missile Range by telephone or radio. feet in length on each side, with red Boats must remain at least 300 yards and white diagonal stripes, each mark- from the shoreline of San Nicolas Is- er mounted atop 80-foot poles spaced land at all times. Nothing in this provi- 100 yards apart, each pole being located sion shall be construed as authoriza- on the line of longitude 119°29′40″ W. tion for personnel to land on San Nico- and near the southerly shoreline at las Island, except in an emergency. latitude 33°13′10″ N. The southernmost (5) The regulations in this section marker is 20 feet below the other. shall be enforced by personnel attached (2) At Point N two triangular mark- to the Pacific Missile Range, Point ers are installed facing northwesterly, Mugu, Calif., and by such agencies as 10 feet in length on each side, with red may be designated by the Com- and white diagonal stripes, each mark- mandant, 11th Naval District, San er mounted atop 80-foot poles spaced Diego, Calif. 100 yards apart, the poles being located near the northwesterly shoreline at [30 FR 2260, Feb. 19, 1965. Redesignated at 50 latitude 33°16′30″ N. and longitude FR 42696, Oct. 22, 1985, and amended at 58 FR 119°30′40″ W. The northernmost marker 21226, Apr. 19, 1993] is 20 feet below the other. § 334.990 Long Beach Harbor, Calif.; (3) At Point O two triangular mark- naval restricted area. ers are installed facing northeasterly, 10 feet in length on each side, with red (a) The area. All the waters between and white diagonal stripes, each mark- the Navy mole and Terminal Island to er mounted atop 80-foot poles spaced the westward of longitude 118°13′10″. 100 yards apart, the poles being located (b) The regulations. (1) The area is re- near the northeasterly shoreline at served exclusively for use by naval ves- latitude 33°15′43″ N. and longitude sels. Permission for any person or ves- 119°28′40″ W. The northernmost marker sel to enter the area must be obtained is 20 feet below the other. from the enforcing agency. (d) The regulations. (1) No seaplanes, (2) The regulations in this section other than those approved for entry by shall be enforced by the Commander, the Commander, Pacific Missile Range U.S. Naval Base Los Angeles, Long (COMPMR) may enter any section of Beach, California, and such agencies as the area. he may designate. (2) Subject to the provisions of para- [19 FR 891, Feb. 17, 1954, as amended at 27 FR graph (d)(4) of this section, relating to 12368, Dec. 13, 1962. Redesignated at 50 FR sections BRAVO and CHARLIE, no ves- 42696, Oct. 22, 1985, as amended at 62 FR 17557, sels other than Pacific Missile Range Apr. 10, 1997]

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§ 334.1010 San Francisco Bay in vicin- end of the rock wall on the south side ity of Hunters Point; naval re- of the channel and the easterly bound- stricted area. ary of the Naval Air Station. (a) The area. Bounded by the shore of (b) The regulations. (1) No person shall the San Francisco Naval Shipyard and enter this area and no vessel or other the following lines: Beginning at a craft, except vessels of the U.S. Gov- point on the northerly shore of the ernment or vessels duly authorized by Shipyard bearing 292°40′, 950 yards, the Commanding Officer, U.S. Naval from Hunters Point Light; thence Air Station, Alameda, California, shall 35°27′, 730 yards to the U.S. Pierhead navigate, anchor or moor in the area Line; thence 142°55′, 1,300 yards, along described in paragraph (a)(1) of this the Pierhead Line; thence 180°, 2,450 section. yards, to the San Francisco-San Mateo (2) No person shall enter this area County Line; thence 270°, 430 yards, and no vessel without special author- along the County Line; thence 305°27′, ization of the Commander, Twelfth 1,313 yards, to and along the southwest- Coast Guard District, shall lie, anchor erly side of South Basin; and thence or moor in the area described in para- due north, 413 yards, to the southwest- graph (a)(2) of this section. Vessels erly shore of the Shipyard. may proceed through the entrance channel in process of ordinary naviga- 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- § 334.1020 San Francisco Bay and Oak- ameda Facility wharf. 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- (a) The areas. (1) The waters of San sels duly authorized by the Com- Francisco Bay bounded by the shore of manding Officer, Naval Supply Center, Naval Air Station, Alameda, and a line Oakland, shall enter this area. 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″ W; SE to 37°47′41″ N, 122°19′52″ W; S to § 334.1040 Oakland Harbor in vicinity 37°46′49″ N, 122°19′52″ W; E to 37°46′49″ N, of Naval Supply Center, Oakland; 122°19′28″ W; SE to 37°46′46″ N, 122°19′21″ restricted area and navigation. W; E to 37°46′45″ N, 122°19′05″ W; SE to (a) The area. Bounded by the shore of 37°46′38″ N, 122°18′59″ W; SSW to 37°46′18″ the Naval Supply Center and the fol- N, 122°19′05″ W; SE to 37°46′00″ N, lowing lines: Beginning at a point on 122°18′28″ W; E to 37°46′00″ N, 122°18′22″ the north shore located at about lati- W; N to 37°46′03″ N, 122°18′22″ W; E to tude 37°48′26″, longitude 122°19′34″; 37°46′00″ N, 122°17′28″ W; NE to 37°46′03″ thence 225°12′, 290 yards; and thence N, 122°17′26″ W; where it joins the Naval 173°10′, 620 yards to a point on the south Air Station, Alameda, Breakwater. shore at about latitude 37°48′02″, lon- (2) The waters of the entrance chan- gitude 122°19′39″. nel to Oakland Inner Harbor (San An- (b) The regulations. (1) No persons and tonio Estuary) between the westerly no vessels or other craft, except vessels

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of the U.S. Government or vessels duly (b) The regulation. (1) All persons and authorized by the Commanding Officer, vessels are prohibited from entering Naval Supply Center, Oakland, shall the waters within the Restricted Area enter this area. for any reason without prior written (2) All vessels over 1,000 tons dis- permission from the Commanding Offi- placement, bound for the Naval Supply cer of the Coast Guard Group San Center, Oakland, shall use a qualified Francisco on Yerba Buena Island. pilot regularly licensed for the waters (2) Mooring, anchoring, fishing, tran- of Oakland Harbor. sit and/or swimming shall not be al- lowed within the Restricted Area with- [26 FR 11201, Nov. 28, 1961, as amended at 31 FR 6590, May 3, 1966. Redesignated at 50 FR out prior written permission from the 42696, Oct. 22, 1985; 51 FR 25198, July 11, 1986, Commanding Officer of the Coast as amended at 62 FR 17557, Apr. 10, 1997] Guard Group San Francisco on Yerba Buena Island. § 334.1050 Oakland Outer Harbor adja- (c) Enforcement. The regulation in cent to the Military Ocean Ter- this section shall be enforced by the minal, Bay Area, Pier No. 8 (Port of Commanding Officer of the Coast Oakland Berth No. 10); restricted Guard Group San Francisco on Yerba area. Buena Island, and such agencies and (a) The area. Within 100 feet of the persons as he/she shall designate. pier. (b) The regulations. No persons and no [69 FR 20547, Apr. 16, 2004] vessels or other craft, except vessels of § 334.1070 San Francisco Bay between the U.S. Government or vessels duly Treasure Island and Yerba Buena authorized by the Commander, Oak- Island; naval restricted area. land Army Base, shall enter this area. (a) The area. All the water of the cove [26 FR 11201, Nov. 28, 1961, as amended at 31 bounded by the south shore of Treasure FR 6590, May 3, 1966. Redesignated at 50 FR Island, the north shore of Yerba Buena 42696, Oct. 22, 1985; 51 FR 25198, July 11, 1986, Island, and the connecting causeway, as amended at 62 FR 17557, Apr. 10, 1997] west of a line extending from the § 334.1060 Oakland Outer Harbor adja- southeast corner of the most southerly cent to the Oakland Army Base; re- of the four finger piers along the east stricted area. side of Treasure Island, at about lati- ° ′ ″ ° ′ ″ (a) The area. Within 100 feet of the tude 37 49 11 , longitude 122 21 40 , ap- ° ′ wharves, piers or shore. proximately 153 20 to the northeast- (b) The regulations. No persons and no erly point of Yerba Buena Island, at ° ′ ″ vessels or other craft, except vessels of about latitude 37 48 55 , longitude the U.S. Government or vessels duly 122°21′30″. authorized by the Commander, Oak- (b) The regulations. No person and no land Army Base, shall enter this area. vessel or other craft, except vessels owned and operated by the U.S. Gov- [26 FR 11201, Nov. 28, 1961, as amended at 31 ernment or vessels duly authorized by FR 6590, May 3, 1966. Redesignated at 50 FR the Commanding Officer, Naval Sta- 42696, Oct. 22, 1985; 51 FR 25198, July 11, 1986, as amended at 62 FR 17557, Apr. 10, 1997] tion, Treasure Island, shall enter the restricted area. § 334.1065 U.S. Coast Guard Station, [26 FR 11201, Nov. 28, 1961. Redesignated at 50 San Francisco Bay, Yerba Buena Is- FR 42696, Oct. 22, 1985; 51 FR 25198, July 11, land, San Francisco Bay, California; 1986, as amended at 62 FR 17557, Apr. 10, 1997] restricted area. (a) The area. San Francisco Bay on § 334.1080 San Francisco Bay adjacent the east side of Yerba Buena Island: to northeast corner of Treasure Is- From a point along the southeastern land; naval restricted area. shore of Yerba Buena Island at latitude (a) The area. Beginning at the inter- 37°48′27″ North, longitude 122°21′44″ section of Pier 21 and the bulkhead West; east to latitude 37°48′27″ North, line, thence northwesterly along the longitude 122°21′35″ West; north to lati- bulkhead to the northernmost point of tude 37°48′49″ North, longitude 122°21′35″ Treasure Island; thence 288° true, 290 West, a point on the northeastern side yards; thence 26° true, 475 yards; thence of Yerba Buena Island. 115° 30′ true, 520 yards; thence 152° true,

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500 yards to Pier 21; thence along the craft, except vessels of the U.S. Gov- pier to the point of beginning. ernment or vessels duly authorized by (b) The regulations. No person shall the Commander, Mare Island Naval enter the restricted area. No vessels, Shipyard, Vallejo, California, shall except those engaged in naval oper- navigate, anchor or moor in this area. ations, shall lie, anchor, moor or un- [26 FR 11201, Nov. 28, 1961, as amended at 27 necessarily delay in the area. Vessels FR 10484, Oct. 27, 1962. Redesignated at 50 FR may pass through the area in the proc- 42696, Oct. 22, 1985; 51 FR 25198, July 11, 1986, ess of ordinary navigation except as di- as amended at 62 FR 17558, Apr. 10, 1997] rected by patrol boats. The regulations in this paragraph shall be enforced by § 334.1110 Suisun Bay at Naval Weap- the Commandant, Twelfth Naval Dis- ons Station, Concord; restricted trict, and such agencies as he may des- area. ignate. (a) The area. Beginning at a point on the shore and on the easterly side of [26 FR 11201, Nov. 28, 1961. Redesignated at 50 FR 42696, Oct. 22, 1985; 51 FR 25198, July 11, the mouth of a small slough (known as 1986, as amended at 62 FR 17557, Apr. 10, 1997] Hastings Slough) bearing 189°, 2,412 yards from Tripon at Preston Point on § 334.1090 San Francisco Bay in vicin- Roe Island; thence 340°30′, 400 yards, to ity of the NSC Fuel Department, the shore line of the westerly of the Point Molate restricted area. two Seal Islands; thence 60°30′, 940 (a) The area. Bounded by the easterly yards; thence 75°, 1,650 yards; thence shore of upper San Francisco Bay and 102°, 1,850 yards; thence 99°, 1,880 yards; the following lines: Beginning at a thence 180°, 435 yards, to the shore line; point on shore bearing 17° 800 yards, thence following the high water shore from ‘‘Tree’’ at Molate Point thence line in a general westerly direction to 270°, 870 yards; thence 189° 1,100 yards; the point of beginning. and thence 123° to the shore. (b) The regulations. (1) No person, ves- (b) The regulations. Persons and ves- sel, watercraft, conveyance or device sels not operating under supervision of shall enter or cause to enter or remain the local military or naval authority in this area. No person shall refuse or or public vessels of the United States, fail to remove any person or property shall not enter this area except by spe- in his custody or under his control cific permission of the Commanding Of- from this area upon the request of the ficer, Naval Supply Center. Commanding Officer of the Naval Weapons Station Concord or his/her au- [26 FR 11201, Nov. 28, 1961, as amended at 42 thorized representative. FR 17120, Mar. 31, 1977. Redesignated at 50 FR 42696, Oct. 22, 1985; 51 FR 25198, July 11, 1986, (2) The regulations in this section as amended at 62 FR 17558, Apr. 10, 1997] shall be enforced by the Commanding Officer, Naval Weapons Station Con- § 334.1100 San Pablo Bay, Carquinez cord, and such agencies as he/she shall Strait, and Mare Island Strait in vi- designate. cinity of U.S. Naval Shipyard, Mare Island; restricted area. [26 FR 11201, Nov. 28, 1961, as amended at 42 FR 17120, Mar. 31, 1977. Redesignated at 50 FR (a) The area. The waters of San Pablo 42696, Oct. 22, 1985, as amended at 61 FR 43970, Bay, Carquinez Strait, and Mare Island Aug. 27, 1996] Strait, within 100 yards of the shore of that part of the Navy Yard, Mare Is- § 334.1120 Pacific Ocean in the vicinity land, south of the causeway between of Point Mugu, Calif.; naval small the City of Vallejo and Mare Island and arms firing range. extending continuously therefrom (a) The danger zone. A triangular area southeasterly, southwesterly, and extending westerly into the waters of northwesterly around the Navy Yard to the Pacific Ocean from a point on the its northwesterly limit on the waters beach north of Point Mugu, California, of San Pablo Bay, and the waters with- described as follows: Beginning at lati- in 50 yards of any part of the berthing tude 34°05′32″, longitude 119°03′57″; piers at the Navy Yard. thence southwesterly approximately (b) The regulations. No persons shall 4,000 yards to latitude 34°04′22″, lon- enter this area and no vessels or other gitude 119°05′55″; thence northwesterly

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approximately 1,500 yards to latitude § 334.1125 Pacific Ocean Naval Air 34°05′01″, longitude 119°06′17″; thence Weapons Station, Point Mugu, northeasterly to the point of begin- Small Arms Range, Ventura County, ning. California; danger zone. (b) The regulations. (1) Range firing (a) The area. A triangular area ex- will normally take place between 6 tending southerly into the waters of a.m. and 6 p.m., Thursday through the Pacific Ocean from a point on the Monday, and between 6 a.m. and 11:30 beach north of Point Mugu, California, p.m., Tuesday and Wednesday of each as follows: week. Within the above periods, firing will be conducted as determined by the Station Latitude Longitude Commanding Officer, U.S. Naval Con- 1 ...... 34°05′48″ N ...... 119°07′03″ W. struction Battalion Center, Port Hue- 2 ...... 34°03′20″ N ...... 119°08′16″ W. 3 ...... 34°03′11″ N ...... 119°07′39″ W. neme, Calif. 4 ...... 34°05′42″ N ...... 119°06′59″ W. (2) Except as otherwise provided in 5 ...... 34°05′41″ N ...... 119°06′51″ W. this section, the danger zone will be 6 ...... 34°05′45″ N ...... 119°06′52″ W. open to fishing and general navigation. (b) The regulations. (1) Range firing (3) The Commanding Officer, U.S. will normally take place between 7 Naval Construction Battalion Center, a.m. and 5 p.m. Monday through Fri- Port Hueneme, California, will an- day. nounce firing schedules. Each week, (2) The danger zone may be used at public notices will be issued giving ad- all times for navigation and fishing, ex- vance firing schedules. Such notices cept when advance notice of intention will appear in the local newspapers and to use this area has been given by the in local ‘‘Notice to Mariners,’’ and enforcing agency by one or more of the ‘‘Notice to Airmen.’’ For the benefit of following means: fishermen and smallcraft operators, an- (i) Notice published in Ventura Coun- nouncements will be made on the ma- ty daily newspaper, at least two days rine radio. in advance of the date of said use and (4) When a scheduled firing is about in the local ‘‘Notice to Mariners.’’ to be undertaken or is in progress, a (ii) Display of red flag from the tower large red flag will be displayed from at 34°05′53″ N., 119°06′59″ W; or display of the control tower situated at latitude red flashing beacons in the case of ° ′ ″ ° ′ ″ 34 05 32 , longitude 119 03 57 , so as to be night firing. clearly visible for a distance of at least (iii) Radio broadcast on VHF-FM three (3) miles offshore. Safety observ- channel 16. ers will be on duty at all times when (iv) Notice to individual craft by the warning flag is being displayed visit of United States vessel. from the tower. Upon completion of fir- (v) Telephone advice to such fisher- ing, or if the scheduled firing is can- man’s organizations as may request, in celed for any reason, fishermen and writing, that such advice be given. small-boat operators will be notified as (3) Safety observers will be on duty far in advance as possible by Marine at all times when the range is in use. Radio Broadcast. Upon completion of firings, or if the (5) Persons, vessels or other craft scheduled firing is canceled for any shall not enter or remain in the danger reason, fishermen and small boat oper- zone when the warning flag is being ators will be notified as far in advance displayed unless authorized to do so by as possible by Marine Radio Broadcast. the range officer in the control tower. (4) Persons, vessels or other craft (6) The regulations in this section shall not enter or remain in the danger shall be enforced by the Commandant, zone when the warning flag or beacon Eleventh Naval District, San Diego, is being displayed unless authorized to California, and such agencies as he do so by the range officer in the con- may designate. trol tower. [28 FR 4785, May 14, 1963; 29 FR 1318, Jan. 25, (5) The regulations in this section 1964, as amended at 32 FR 5834, Apr. 12, 1967. shall be enforced by personnel attached Redesignated at 50 FR 42696, Oct. 22, 1985, as to the Naval Air Weapons Station, amended at 62 FR 17558, Apr. 10, 1997] Point Mugu, California, and by such

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other agencies as the Commandant, ring at latitude 34°8′37.0″ N., longitude Eleventh Naval District, San Diego, 119°12′58.8″ W. and the southeastern en- California, may designate. trance jetty occurring at latitude 34°8′34.8″ N, longitude 119°12′43.2″ W., [62 FR 40278, July 28, 1997] and extending northeasterly to the § 334.1126 Naval Base Ventura County, shoreline. Point Mugu, California; restricted (b) The regulation. No vessels or per- area. sons may enter the restricted area un- (a) The area. The restricted area at less permission is obtained in advance Naval Base Ventura County Point from the Commanding Officer of Naval Mugu incorporates its shoreline and Base Ventura County. Commercial ves- connects the following points: latitude sels that are required to make Ad- 34°7′9.9″, longitude 119°9′35.6″ (up-coast vanced Notifications of Arrival shall 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– [69 FR 20545, Apr. 16, 2004] 7907. (c) Enforcement. The regulation in § 334.1130 Pacific Ocean, Western this section, promulgated by the Space and Missile Center (WSMC), United States Army Corps of Engi- Vandenberg AFB, Calif.; danger neers, shall be enforced by the Com- zones. manding Officer of Naval Base Ventura (a) The Area. (1) The waters of the Pa- County, and such agencies or persons cific Ocean in an area extending sea- as he/she may designate. ward from the shoreline a distance of about three nautical miles and basi- [69 FR 20546, Apr. 16, 2004] cally outlined as follows:

§ 334.1127 Naval Base Ventura County, Station Latitude Longitude Port Hueneme, California; re- stricted area. Point Sal 34°54′08″ 120°40′15″ 1 34°54′08″ 120°44′00″ (a) The area. The waters within Port 2 34°52′48″ 120°44′00″ Hueneme Harbor, beginning at the sea- 3 34°50′00″ 120°40′30″ ward ends of the two Port Hueneme 4 34°44′50″ 120°42′15″ 5 34°41′50″ 120°40′12″ Harbor entrance jetties, with the 6 34°35′12″ 120°42′45″ northwestern entrance jetty end occur- 7 34°33′00″ 120°41′05″

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Station Latitude Longitude (v) Zone 5. An area extending seaward about three nautical miles from the ° ′ ″ ° ′ ″ 8 34 30 40 120 37 29 shoreline beginning at Point Arguello, 9 34°24′18″ 120°30′00″ 10 34°23′34″ 120°27′05″ latitude 34°34′32″, longitude 120°39′03″; 11 34°24′21″ 120°24′40″ thence due west to latitude 34°34′32″, 12 34°27′20″ 120°24′40″ longitude 120°42′15″; thence to latitude Point Sal 34°54′08″ 120°40′15″ 34°33′00″, longitude 120°41′05″; thence to latitude 34°30′40″, longitude 120°37′29″; (2) The danger area described in para- thence due north to the shoreline at graph (a)(1) of this section will be di- latitude 34°33′15″, longitude 120°37′29″. vided into zones in order that certain (vi) Zone 6. An area extending sea- firing tests and operations, whose char- ward about three nautical miles from acteristics as to range and reliability the shoreline beginning at latitude 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,

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Western Space and Missile Center hazardous and closed in accordance (WSMC) at Vandenberg AFB, Cali- with this regulation shall cease oper- fornia. ations for the duration of the zone clo- (3) The impacting of missile debris sure. The zones shall be closed continu- from launch operations will take place ously no longer than 72 hours at any in any one or any group of zones in the one time. Such notice to evacuate per- danger areas at frequent and irregular sonnel shall be accomplished in accord- intervals throughout the year. The ance with procedures as established by Commander, WSMC, will announce in the Commander, WSMC, the U.S. De- advance, the closure of zones hazarded partment of the Interior, Minerals by missile debris impact. Such advance Management Service and the oil indus- announcements will appear in the try in the adjacent waters of the outer weekly ‘‘Notice to Mariners.’’ For the continental shelf. 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 (33 U.S.C. 1, 3) Barbara and Morro Bay. (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 § 334.1140 Pacific Ocean at San Miguel kc, VHF channel 6 (156.30 MHZ), VHF 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, Latitude (N) Longitude (W) starting at least 24 hours in advance. Additional contact may be made by Point A 34°01′32″ 120°23′17″ Point B 33°58′48″ 120°23′17″ surface patrol boats or aircraft Point C 33°58′48″ 120°15′00″ equipped with a loudspeaker system. Point D 34°02′50″ 120°15′00″ When so notified, all persons and all Point E 34°05′45″ 120°17′25″ Point F 34°07′00″ 120°20′05″ vessels shall leave the specified zone or Point G 34°09′18″ 120°23′17″ zones immediately by the shortest Point H 34°03′09″ 120°23′17″ route. (6) The Commander, WSMC, will ex- (b) Markers. Range markers, as delin- tend full cooperation relating to the eated below, are installed at points A public use of the danger area and will and H for navigational purposes for fully consider every reasonable request both surface vessels and aircraft: for its use in light of requirements for (1) At point A two triangular mark- national security and safety of persons ers are installed facing southward, 10 and property. feet in length on each side, with red (7) Where an established harbor of and white diagonal stripes, each mark- refuge exists, small craft may take er mounted atop 80-foot poles spaced shelter for the duration of zone closure. 100 yards apart, each pole being placed (8) Fixed or movable oil drilling plat- on the line of longitude 120°23′17″ W. forms located in zones identified as and near the southerly shoreline at

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latitude 34°01′32″ N. The southernmost (5) No seaplanes, other than those ap- marker is 20 feet below the other. proved for entry by the Commander, (2) At point H two triangular mark- PMTC, may enter the danger zone dur- ers are installed facing true north 10 ing firing periods. feet in length on each side, with red (6) Landing by any vessel or going and white diagonal stripes, each mark- ashore by any person on San Miguel Is- er mounted atop 80-foot poles spaced land is specifically prohibited without 100 yards apart, each pole being placed prior permission of the Superintendent, on the line of longitude 120°23′17″ W. Channel Islands National Park. Appli- and near the northwesterly shoreline cations for such permission should be at latitude 34°03′09″ N. The northern- made to: Superintendent, Channel Is- most marker is 20 feet below the other. lands National Park, 1699 Anchors Way (c) The regulations. (1) Except as pre- Drive, Ventura, California 93003. (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; ated by the U.S. Government, shall 33 U.S.C. 1, 3) 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, Apr. 10, 1997] scheduled, the zone may be occupied without restriction. § 334.1150 Monterey Bay, Calif. (2) The anchoring, stopping or loi- (a) Firing range, Fort Ord, Calif.—(1) tering by any person, vessel, fishing The danger zone. (i) A rectangular area boat or recreational craft within the in Monterey Bay, the southerly limit danger zone during scheduled firing/ of which is an extension seaward of the drop hours is expressly prohibited. southerly line of the Fort Ord Military (3) The bomb drops will take place in Reservation boundary and bears 307° the danger zone at frequent and irreg- true, 8,000 yards from a point on the ular intervals throughout the year. shore at latitude 36°37′47″, longitude Danger zone usage demands are identi- 121°50′28″, and the northerly limit of fied in the Eleventh Coast Guard Dis- which is a line bearing 307° true, 8,000 trict, ‘‘Local Notice of Mariners.’’ An- yards, from a point on the shore at nouncements will also be made on ma- latitude 36°41′57″, longitude 121°48′30″, rine radio channel 16, at 0800 local opposite Marina, Monterey County, time, 1200 local time and/or 1 hour California. The seaward boundary is a prior to bomb drop operations. Status straight line joining the outer ends of of the zone and/or permission to enter, the southerly and the northerly bound- may be requested by calling ‘‘Plead aries at the 8,000 yard range and is ap- Control’’ on marine channel 16 or by proximately parallel to the shore. calling the Pacific Missile Test Center (ii) The danger zone is divided into a (PMTC) on telephone number (805) 982– short range area, extending seaward 8280 or 982–8841. from the shore a distance of 5,000 yards (4) The Commander, PMTC will ex- measured along the southerly and tend full cooperation relating to the northerly boundaries, and a long range public use of the danger zone area and area embracing the entire danger zone. will fully consider every reasonable re- (2) The regulations. (i) The 5,000 yard quest for its use in light of require- short range is prohibited to all persons, ments for national security and safety vessels and craft, except those author- of persons and property. ized by the enforcing agency, each

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week, between dawn and midnight from § 334.1160 San Pablo Bay, Calif.; target Monday through Friday and between practice area, Mare Island Naval dawn and dusk on Saturday and Sun- Shipyard, Vallejo. day. (a) The danger zone. A sector in San (ii) The area between the 5,000 yard Pablo Bay adjacent to the westerly short range and the 8,000 yard seaward shore of Mare Island with a radius of boundary of the danger zone may be 4,700 yards, centered at a point bearing used at all times for navigation and 316° true, 3,605 yards, from Mare Island fishing, except when advance notice of Strait Light 1, with limiting true bear- intention to use this area has been ings from that center of 266°30′ and 222°. given by the enforcing agency by one (b) The regulations. The Commander, or more of the following means. Mare Island Naval Shipyard, Vallejo, (a) Notice published in Monterey California, will conduct target practice County and Santa Cruz County daily in the area at intervals of which the newspapers, at least two days in ad- public will be duly notified. At such vance of the date of said use. times all persons and vessels shall stay (b) Display of red flags at Indian clear. Head Beach and near the Point Pinos Lighthouse. [13 FR 8302, Dec. 24, 1948. Redesignated at 14 (c) Radio Broadcast. FR 4904, Aug. 9, 1949, and amended at 27 FR 10484, Oct. 27, 1962; 37 FR 9995, May 18, 1972. (d) Notice to individual craft by a Redesignated at 50 FR 42696, Oct. 22, 1985, as visit of a U.S. vessel. amended at 62 FR 17558, Apr. 10, 1997] (e) Telephone advice to such fisher- men’s organizations as may request, in § 334.1170 San Pablo Bay, Calif.; gun- writing, that such advice be given. nery range, Naval Inshore Oper- (iii) The regulations in this para- ations Training Center, Mare Is- graph will be enforced by the Com- land, Vallejo. manding General, Fort Ord, California. (a) The Danger Zone. A sector in San (b) Navy mining operations area—(1) Pablo Bay delineated by lines joining The danger zone. Shoreward of a line the following points: beginning at the stack at about lati- tude 36°58′06″, longitude 121°54′06″; Latitude Longitude thence 230° true, 6.0 miles; thence 140° 38°02′08″ 122°25′17″ true, 7.5 miles; thence 50° true to the 38°02′21″ 122°22′55″ shore. 38°05′48″ 122°19′34″ ° ′ ″ ° ′ ″ (2) The regulations. The danger zone 38 07 46 122 23 23 will be used for training in various NOTE: The danger zone shall be used until phases of mine warfare operations. September 30, 1982, after which it shall be During the period from August 1 to subject to review to determine the further February 15, inclusive, each year, no need thereof. operations will be carried on which will (b) The regulations. The Commanding involve placing any obstructions in the Officer, Coastal River Division Eleven, water nor will any operations be car- Department of the Navy, Mare Island, ried on at night. During the period Vallejo, California, will conduct gun- from February 16 to July 31, inclusive, nery practice in the area during the pe- each year, operations may be carried riod April 1 through September 30, be- on which will involve laying exercise tween the hours of 10 a.m. and 3 p.m. mines and other moored or bottom ob- on the first Wednesday of each month structions. In each case when moored and the third full weekend (Saturday or bottom obstructions are laid a no- and Sunday) of June. No persons or tice to mariners will be issued giving vessels shall enter or remain in the notice of their approximate location danger zone during the above stated pe- within the danger zone and all persons riods except those persons and vessels and vessels shall keep clear. connected with the gunnery practice operations. All firing will be from the [13 FR 8301, Dec. 24, 1948. Redesignated at 14 FR 4904, Aug. 9, 1949, and amended at 17 FR southerly portion of the danger zone in 4665, May 22, 1952; 19 FR 96, Jan. 7, 1954. Re- a northerly direction, and only during designated at 50 FR 42696, Oct. 22, 1985, as good visibility. The public will be noti- amended at 62 FR 17558, Apr. 10, 1997] fied prior to each firing by a Notice to

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Mariners issued by the U.S. Coast Washington, and such agencies as he Guard and the area will be patrolled by may designate. boat and searched by radar to insure a (Sec. 7, 40 Stat. 266, Chap. XIX) clear range. A safety officer will al- ways be aboard the firing boat to guar- [39 FR 44753, Dec. 27, 1974; 40 FR 6502, Feb. 12, 1975. Redesignated at 50 FR 42696, Oct. 22, antee that all safety precautions are 1985, as amended at 62 FR 17558, Apr. 10, 1997] observed. The regulations in this sec- tion will be enforced by the Com- § 334.1190 Hood Canal and Dabob Bay, mandant, 12th Naval District and such Wash.; naval non-explosive torpedo agencies as he may designate. testing area. (a) Hood Canal in vicinity of Bangor— [31 FR 13992, Nov. 2, 1966, as amended at 34 (1) The area. All waters of Hood Canal FR 5723, Mar. 27, 1969; 35 FR 9279, June 13, between latitude 47°46′00″ and latitude 1970; 42 FR 40196, Aug. 9, 1977. Redesignated ° ′ ″ at 50 FR 42696, Oct. 22, 1985, as amended at 62 47 42 00 , exclusive of navigation lanes FR 17558, Apr. 10, 1997] one-fourth nautical mile wide along the west shore and along the east shore § 334.1180 Strait of Juan de Fuca, south from the town of Bangor (lati- Wash.; air-to-surface weapon range, tude 47°43′28″). restricted area. (2) The regulations. (i) The area will be used intermittently by the Navy for (a) The restricted area. A circular area non-explosive torpedo ranging. Launch- immediately west of Smith Island with ing will be conducted only between 8:00 a radius of 1.25 nautical miles having a.m., and sunset on days other than ° ′ ″ its center at latitude 48 19 11 North Saturdays, Sundays, and holidays. At ° ′ ″ and longitude 122 54 12 West. In the no time will the navigation lanes gen- center of the area will be located a erally paralleling the shore be closed lighted and radar reflective buoy to to navigation. serve as a navigational aid to mariners. (ii) Navigation will be permitted The area will be used for air-to-surface within the area at all times except target practice using non-explosive when naval exercises are in progress. training devices. No vessel shall enter or remain in the (b) The regulations. (1) No person, ves- area when such exercises are in sel or other watercraft shall enter or progress. Prior to commencement of an remain within the designated re- exercise, the Navy will make an aerial stricted area between 0700 and 1200 or surface reconnaissance of the area. hours daily, local time except as au- Vessels under way and laying a course thorized by the enforcing agency and through the area will not be interfered as follows: The area will be open to with, but they shall not delay their commercial gill net fishing during progress. Vessels anchored or cruising scheduled fishing periods from June 15 in the area and vessels unobserved by to October 15 annually. The October 15 the Navy reconnaissance which enter closure date will be extended by the en- or are about to enter the area while a forcing agency if determined as advan- torpedo is in the water will be con- tageous to the commercial gill net tacted by a Navy patrol boat and ad- vised to steer clear. Torpedos will be fishing by the Washington State De- tested only when all vessels or other partment of Fisheries. craft have cleared the area. (2) Prior to each target practice oper- (iii) When operations are in progress, ation the restricted area will be pa- use of the area will be indicated by the trolled by naval aircraft. Those persons presence of Naval vessels flying a and vessels found within the restricted ‘‘Baker’’ (red) flag. area will be overflown by the aircraft (iv) Notices of temporary suspension at an altitude of not less than 300′ in and revival of operations will be pub- the direction in which the unauthor- lished in local newspapers and in No- ized person and vessel are to proceed to tice to Mariners published by the U.S. clear the area. Coast Guard. (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

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47°39′27″, longitude 122°52′22″; thence 48°20′40″ N., longitude 122°42′59″ W.; northeasterly to latitude 47°40′19″, lon- thence to latitude 48°21′19″ N., lon- gitude 122°50′10″; thence northeasterly gitude 122°43′02″ W.; thence to latitude to a point on the mean high water line 48°21′13″ N., longitude 122°40′26″ W.; and at Takutsko Pt.; thence northerly thence along the shore line to the point along the mean high water line to lati- of beginning. ° ′ ″ tude 47 48 00 ; thence west on latitude (b) Area No. 2. Bounded by a line com- ° ′ ″ 47 48 00 to the mean high water line on mencing at latitude 48°21′53″ N., lon- the Bolton Peninsula; thence south- gitude 122°40′00″ W.; thence to latitude westerly along the mean high water 48°23′12″ N., longitude 122°41′17″ W.; line of the Bolton Peninsula to a point ° ′ ″ ° ′ ″ thence to latitude 48 23 29 N., lon- on longitude 122 51 06 ; thence south on ° ′ ″ ° ′ ″ gitude 122 40 22 W.; thence to latitude longitude 122 51 06 to the mean high ° ′ ″ ° ′ ″ water line at Whitney Pt.; thence along 48 22 21 N., longitude 122 39 50 W.; and the mean water line to a point on lon- thence along the shore line to the point gitude 122°51′15″; thence southwesterly of beginning. to the point of beginning. (c) The regulations. (1) Persons and (2) The regulations. (i) Propeller-driv- vessels shall not enter these areas ex- en or other noise-generating craft shall cept at their own risk. not work their screws or otherwise (2) All persons and vessels entering generate other than incidental noise in these areas shall be obliged to comply the area during periods of actual test- with orders received from naval ing, which will be indicated by flashing sources pertaining to their movements red beacons at strategic locations, and while in the areas. all craft shall keep well clear of vessels (3) The regulations in this paragraph engaged in such testing. shall be enforced by the Commander, (ii) No vessel shall trawl or drag in Naval Base, Seattle, and such agencies the area. as he/she may designate. (iii) No vessel shall anchor in the area except between the shore and the [26 FR 11203, Nov. 28, 1961. Redesignated at 50 10-fathom depth line. FR 42696, Oct. 22, 1985] (iv) Operations will normally be con- EDITORIAL NOTE: For FEDERAL REGISTER ci- fined to the period from about 9:30 tations affecting § 334.1200, see the List of a.m., to 2:30 p.m., on Mondays through CFR Sections Affected, which appears in the Fridays, and will normally consist of Finding Aids section of the printed volume intermittent tests of less than 30 min- and at www.fdsys.gov. utes duration, with boat passage per- mitted between tests. Transits of log- § 334.1210 Admiralty Inlet, entrance; tows and other slow-moving traffic will naval restricted area. be arranged on a mutually satisfactory (a) Admiralty Inlet, entrance; naval re- individual basis as appropriate. Emer- stricted area—(1) The area. Beginning at gencies or high-priority projects may Point Wilson Light thence southwest- occasionally cause operations outside erly along the coast line to latitude the periods specified above. No oper- 48°07′ N.; thence northwesterly to a ations will be conducted on Sundays. point at latitude 48°15′ N. longitude (c) The regulations in this section 123°00′ W.; thence due east to Whidbey shall be enforced by the Commandant, Thirteenth Naval District, and such Island; thence southerly along the ° ′ agencies as he may designate. coast line to latitude 48 12.5 N.; thence southerly to the point of beginning. [26 FR 6515, July 20, 1961. Redesignated at 50 (2) The regulations. (i) Use of any FR 42696, Oct. 22, 1985] equipment such as anchors, fishing § 334.1200 Strait of Juan de Fuca, east- gear, grapnels, etc., which may foul un- ern end; off the westerly shore of derwater installations within the re- Whidbey Island; naval restricted stricted area, is prohibited. Dumping of areas. any non-buoyant objects in this area is (a) Area No. 1. Bounded by a line com- prohibited. mencing at latitude 48°20′57″ N., lon- (ii) The regulations in this paragraph gitude 122°40′39″ W.; thence to latitude shall be enforced by the Commander,

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Naval Base, Seattle, and such agencies (c) Enforcement. The regulation in as he/she may designate. this section, promulgated by the United States Army Corps of Engi- [26 FR 11203, Nov. 28, 1961. Redesignated at 50 neers, shall be enforced by the Com- FR 42696, Oct. 22, 1985] manding Officer, Naval Station Everett EDITORIAL NOTE: For FEDERAL REGISTER ci- and such agencies and persons as he/she tations affecting § 334.1210, see the List of shall designate. CFR Sections Affected, which appears in the Finding Aids section of the printed volume [67 FR 36525, May 24, 2002] and at www.fdsys.gov. § 334.1220 Hood Canal, Bangor; naval § 334.1215 Port Gardner, Everett Naval restricted areas. Base, naval restricted area, Everett, (a) Hood Canal, Bangor; Naval re- Washington. stricted areas—(1) Area No. 1. That area (a) The area. The waters of Port bounded by a line commencing on the Gardner and East Waterway sur- east shore of Hood Canal at latitude 47 rounding Naval Station Everett begin- deg.46′18″ N, longitude 122 deg.42′18″ W; ning at Point 1, a point near the north- thence latitude 47 deg.46′32″ N, lon- west corner of Naval Station Everett gitude 122 deg.42′20″ W; thence to lati- at latitude 47°59′40″ North, longitude tude 47 deg.46′38″ N, longitude 122 122°13′23.5″ West and thence to latitude deg.42′52″ W; thence to latitude 47 47°59′40″ North, longitude 122°13′30″ West deg.44′15″ N, longitude 122 deg.44′50″ W; (Point 2); thence to latitude 47°59′20″ thence to latitude 47 deg.43′53″ N, lon- North, longitude 122°13′33″ West (Point gitude 122 deg.44′58″ W; thence to lati- 3); thence to latitude 47°59′13″ North, tude 47 deg.43′17’’ N, longitude 122 longitude 122°13′38″ West (Point 4); deg.44′49″ W. thence to latitude 47°59′05.5″ North, lon- (2) Area No. 2. Waters of Hood Canal gitude 122°13′48.5″ West (Point 5); within a circle of 1,000 yards diameter thence to latitude 47°58′51″ North, lon- centered on a point located at latitude gitude 122°14′04″ West (Point 6); thence 47 deg.46′26″ N, longitude 122 deg.42′49″ to latitude 47°58′45.5″ North, longitude W. 122°13′53″ West (Point 7); thence to lati- (3) The regulations—(i) Area No. 1. No tude 47°58′45.5″ North, longitude person or vessel shall enter this area 122°13′44″ West (Point 8); thence to lati- without permission from the Com- tude 47°58′48″ North, longitude 122°13′40″ mander, Naval Submarine Base Ban- West (Point 9); thence to latitude gor, or his/her authorized representa- 47°58′59″ North, longitude 122°13′30″ West tive. (Point 10); thence to latitude 47°59′14″ (ii) Area No. 2. (A) The area will be North, longitude 122°13′18″ West (Point used intermittently by the Navy for 11); thence to latitude 47°59′13″ North, magnetic silencing operations. longitude 122°13′12″ West (Point 12); (B) Use of any equipment such as an- thence to latitude 47°59′20″ North, lon- chors, grapnels, etc., which may foul gitude 122°13′08″ West (Point 13); thence underwater installations within the re- to latitude 47°59′20″ North, longitude stricted area, is prohibited at all times. 122°13′02.5″ West (Point 14), a point upon (C) Dumping of any nonbuoyant ob- the Naval Station’s shore in the north- jects in this area is prohibited. east corner of East Waterway. (D) Navigation will be permitted (b) The regulation. (1) All persons and within that portion of this circular vessels are prohibited from entering area not lying within Area No. 1 at all the waters within the restricted area times except when magnetic silencing for any reason without prior written operations are in progress. permission from the Commanding Offi- (E) When magnetic silencing oper- cer of the Naval Station Everett. ations are in progress, use of the area (2) Mooring, anchoring, fishing and/or will be indicated by display of quick recreational boating shall not be al- flashing red beacons on the pier located lowed within the restricted area with- in the southeast quadrant of the area. out prior written permission from the (4) Enforcement. The regulations in Commanding Officer, Naval Station this subsection shall be enforced by the Everettt. Commander, Naval Submarine Base

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Bangor, or his/her authorized rep- North, longitude 122°38′29″ West (Point resentative. F); thence southwest to latitude 47°33′04″ North, longitude 122°39′07″ West [69 FR 272, Jan. 5, 2004] (Point G); thence west to the north § 334.1230 Port Orchard; naval re- shore of Sinclair Inlet at latitude stricted area. 47°33′04.11″ North, longitude 122°39′41.92″ (a) Port Orchard; naval restricted West (Point H). area—(1) The area. Shoreward of a line (3) The regulations. (i) Area No. 1. No beginning at a point on the west shore- vessel of more than, or equal to, 100 line of Port Orchard bearing 90° from gross tons shall enter the area or navi- stack (at latitude 47°42′01″, longitude gate therein without permission from 122°36′54″); thence 90°, approximately the enforcing agency, except Wash- 190 yards, to a point 350 yards from ington State Ferries on established stack; thence 165°, 6,000 yards, to a routes. (ii) . This area is for the ex- point bearing 179°, 1,280 yards, from Area No. 2 clusive use of the United States Navy. Battle Point Light; thence westerly to No person, vessel, craft, article or the shoreline at latitude 47°39′08″ (ap- thing, except those under supervision proximate location of the Brownsville of military or naval authority shall Pier). (2) The regulations. (i) No vessel shall, enter this area without permission at any time, anchor or tow a drag of from the enforcing agency. any kind in this area. (b) Enforcement. The regulation in (ii) The regulations in this paragraph this section shall be enforced by the shall be enforced by the Commander, Commander, Navy Region Northwest, Naval base, Seattle, and such agencies and such agencies and persons as he/she as he/she may designate. shall designate. [26 FR 11203, Nov. 28, 1961. Redesignated at 50 [73 FR 78635, Dec. 23, 2008] FR 42696, Oct. 22, 1985] § 334.1244 Puget Sound, Manchester EDITORIAL NOTE: For FEDERAL REGISTER ci- Fuel Depot, Manchester, Wash- tations affecting § 334.1230, see the List of ington; naval restricted area. CFR Sections Affected, which appears in the Finding Aids section of the printed volume (a) The area. The waters of Puget and at www.fdsys.gov. Sound surrounding the Manchester Fuel Depot Point A, a point along the § 334.1240 Sinclair Inlet; naval re- northern shoreline of the Manchester stricted areas. Fuel Depot at latitude 47°33′55″ North, (a) Sinclair Inlet: naval restricted longitude 122°31′55″, West; thence to areas—(1) Area No. 1. All the waters of latitude 47°33′37″ North, longitude Sinclair Inlet westerly of a line drawn 122°31′50″, West (Point B); thence to from the Bremerton Ferry Landing at latitude 47°33′32″ North, longitude latitude 47°33′48″ North, longitude 122°32′06″, West (Point C); thence to 122°37′23″ West on the north shore of latitude 47°33′45.9″ North, longitude Sinclair Inlet; and latitude 47°32′52″ 122°32′16.04″, West (Point D), a point in North, longitude 122°36′58″ West, on the Puget Sound on the southern shoreline south shore of Sinclair Inlet. of the Manchester Fuel Depot. (2) Area No. 2. That area of Sinclair (b) The regulations. No person, vessel, Inlet to the north and west of an area craft, article or thing except those bounded by a line commencing at lati- under the supervision of the military tude 47°33′40″ North, longitude 122°37′32″ or naval authority shall enter the area West (Point A); thence south to lati- without the permission of the enforc- tude 47°33′36″ North, longitude 122°37′30″ ing agency or his/her designees. The re- West (Point B); thence southwest to striction shall apply during periods latitude 47°33′23″ North, longitude when a ship is loading and/or pier oper- 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

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Rich Passage. Entry into the area is Pitt Island and Hyde Point. These bea- prohibited when the quick-flashing con lights will be either red or green. beacons are in a flashing mode. The beacon lights will show quick (c) Enforcement. The regulation in flashing every two seconds. The rang- this section shall be enforced by the ing of vessels or calibration of hydro- Commander, Navy Region Northwest, phones requiring retrictions will be and such agencies and persons as he/she conducted 24 hours per day for up to 5 shall designate. days consecutively, and will total ap- [73 FR 78636, Dec. 23, 2008] proximately 150 days spread through- out the year. Shutting off of beacon § 334.1250 Carr Inlet, naval restricted lights will indicate termination of use areas. of the range. Insofar as possible, the (a) Carr Inlet, naval restricted areas— schedule of operations giving the days (1) The area. The Waters of Carr Inlet the range will be in use for each forth- bounded on the southeast by a line run- coming month will be published in ning from Gibson Point on Fox Island local newspapers and in the local U.S. to Hyde Point on McNeil Island, on the Coast Guart Notice to Mariners. northwest by a line running from (v) When the red beacon lights are Green Point (at latitude 47°16′54″ N, displayed, indicating that the range is longitude 122°41′33″ W) to Penrose in use or hydrophones are being cali- Point; plus that portion of Pitt Pas- brated, navigation within the area will sage extending from Carr Inlet to Pitt be restricted as follows: Island, and that portion of Hale Pas- (a) As used in this section, the words sage extending from Carr Inlet south- ‘‘operate, power vessel, and non-power easterly to a line drawn perpendicular vessel’’ are defined as follows: to the channel 500 yards northwesterly (1) ‘‘Operate’’: To be physically of the Fox Island Bridge. present in the designated area. (2) The regulations. (i) The area shall (2) ‘‘Power vessel’’: A vessel propelled be used as an acoustic range for re- principally by a mechanical propulsion search studies and special noise trials. No explosive shall be used. system (i.e., gasoline, diesel, steam or (ii) No marine craft of any type shall electric drive to a propeller, pump jet, at anytime approach or remain within paddle wheel or other device), and one hundred yards of the hydrophone being propelled by that means. buoys. The hydrophone buoys will be (3) ‘‘Non-power vessel’’: A vessel not anchored in Carr Inlet on a line perpen- equipped with a mechanical propulsion dicular to the course line opposite system, such as a rowboat, canoe, or Ketner’s Point, and about one mile sailboat propelled by oars, paddles, or from the Fox Island shore. The course sails, respectively. line, or range, will bear 134°38′21″ (b) Power vessels shall not operate (314°38′21″) true, and will be marked by within the area, except that traffic in range beacons erected near the shore- either direction between Hale Passage line approximately one mile north- and upper Carr Inlet, within 200 yards northeast of of Steilacoom and ap- of the low water mark off Green Point, proximately two miles north-northeast will be cleared by signal for approxi- of Home. mately 15 minutes total time within (iii) Buoy Testing Area. No vessel this area at the termination of indi- shall, at anytime, anchor or tow a drag vidual ranging runs, while the vessel of any kind within 1,000 yards of the being ranged takes position for the buoy testing area. next run. Clearance to traverse the (iv) The remainder of the area shall area around Green Point will be indi- be open to navigation at all times ex- cated by extinguishing the red flashing cept when the range is in use or when beacon lights and displaying the green 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

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southeast and two miles to the north- resentatives shall be permitted to oper- west of the hydrophone buoys situated ate within the area at any time, as in Carr Inlet opposite Ketner’s Point; may be necessary, for the patrol and provided, however, non-powered craft search of escaped convicts. may operate within four hundred yards (g) Red or green signal flags will be of the low water mark on the northeast displayed on the signal towers in case side of McNeil Island, within two hun- of failure of the red or green beacon dred yards of the low water mark at lights. The display or the signal flags Green Point, and within two hundred at the top of the flag masts will have yards of the low water mark on the the same significance as the beacon southwest shore of Fox Island. lights. (d) Towboats shall have free access and egress to designated tow havens (3) The regulations in this paragraph within Carr Inlet, as follows: The Navy shall be enforced by the Commander, will establish and maintain suitable Naval Base, Seattle, and such agencies mooring buoys for the use of tugs and as he/she may designate. their tows at the following points: (1) (b) [Reserved] approximately 1,500 yards northwest of [26 FR 11203, Nov. 28, 1961. Redesignated at 50 Gibson Point Light and approximately FR 42696, Oct. 22, 1985] 400 yards offshore from the low water mark on the Fox Island shore; (2) ap- EDITORIAL NOTE: For FEDERAL REGISTER ci- proximately 1,500 yards northwest of tations affecting § 334.1250, see the List of Hyde Point, and approximately 400 CFR Sections Affected, which appears in the Finding Aids section of the printed volume yards offshore from the low water and at www.fdsys.gov. mark on McNeil Island shore; and (3) approximately 1,500 yards east of § 334.1260 Dabob Bay, Whitney Point; Wyckoff Shoal. Towboats will signal by naval restricted area. radio (Marine Band Channel 14, 13, 12, or 6) or telephone as far in advance as (a) Dabob Bay, Whitney Point, naval possible of the time they enter the tow restricted area—(1) The area. Beginning haven, such signals to be directed to at the high water line along the west- ‘‘Carr Inlet Range Control’’ at the erly shore of Dabob Bay, 100 yards range instrument laboratory building northerly of the Naval control building located on Fox Island. The Navy shall located at approximately N. latitude promptly suspend operations when nec- 47°45′36″ and W. longitude 122°51′00″, essary to permit the access and egress thence S. 89°59′ E. 2000 yards, thence to of such tow traffic, and Carr Inlet S. 00°01′ W. 200 yards, thence N. 89°59′ Range Control shall signal the tows W. approximately 2000 yards to the when the area is clear. high water line 100 yards southerly of (e) Through commercial traffic, in- the control building. cluding tows, to points within Carr (2) The regulations. (i) No vessel shall, Inlet, and through Carr Inlet, Pitt Pas- at any time, anchor or tow a drag of sage, and Hale Passage to adjacent any kind in this area. waters will be permitted free access (ii) The regulations in this paragraph and egress, as follows: Such traffic will shall be enforced by the Commander, signal by radio (Marine Band Channel Naval Base, Seattle, or his/her author- 14, 13, 12, or 6) or telephone as far in ad- ized representative. vance as possible of the time they enter the area, such signals to be di- (b) [Reserved] rected to ‘‘Carr Inlet Range Control’’ [26 FR 11203, Nov. 28, 1961. Redesignated at 50 at the range instrument laboratory lo- FR 42696, Oct. 22, 1985] cated on Fox Island. The Navy shall EDITORIAL NOTE: For FEDERAL REGISTER ci- promptly suspend operations when nec- tations affecting § 334.1260, see the List of essary to permit the passage of such CFR Sections Affected, which appears in the traffic, and Carr Inlet Range Control Finding Aids section of the printed volume shall signal when the area is clear for and at www.fdsys.gov. passage. (f) The Warden of the McNeil Island penitentiary and his authorized rep-

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§ 334.1270 Port Townsend, Indian Is- about 203° T to 55°33.59′ N latitude, land, Walan Point; naval restricted 131°51.54′ W longitude, then bearing area. about 112° T to the intersection of the (a) The area. The waters of Port shoreline at Back Island near 55°32.53′ Townsend Bay bounded by a line com- N latitude, 131°45.77′ W longitude, then mencing on the north shore of Walan northeast along the shoreline to the Point at latitude 48°04′42″ North, lon- point of beginning. gitude 122°44′30″ West (Point A); thence Area No. 4. The waters of Clover Pas- to latitude 48°04′50″ North, longitude sage bounded by an irregular polygon 122°44′38″ West (Point B); thence to lati- beginning at the shoreline on Back Is- tude 48°04′52″ North, longitude 122°44′57″ land near 55 32.63′ N latitude, 131°45.18′ West (Point C); thence to latitude W longitude, then bearing 150° T. to the 48°04′44″ North, longitude 122°45′12″ West intersection of the shoreline on (Point D); thence to latitude 48°04′26″ Revillagegedo Island near 55°30.64′ N North, longitude 122°45′21″ West (Point latitude, 131°43.64′ W longitude, then E); thence to latitude 48°04′10″ North, southwest along the shoreline to near longitude 122°45′15″ West (Point F); 55°30.51′ N latitude, 131°43.88′W lon- thence to latitude 48°04′07″ North, lon- gitude, then bearing 330° T to the inter- gitude 122°44′49″ West (Point G); thence section of the shoreline on Back Island to a point on the Walan Point shoreline near 55°32.16′ N. latitude, 131°45.20′ W at latitude 48°04′16″ North, longitude longitude, and from there northeast 122°44′37″ West (Point H). along the shoreline to the point of be- (b) The regulations. This area is for ginning. the exclusive use of the U.S. Navy. No Area No. 5. The waters of Behm Canal person, vessel, craft, article or thing bounded to the north by a line starting shall enter the area without permission from Point Francis on the Cleveland from the enforcing agency. The restric- Peninsula to Escape Point on tion shall apply during periods when Revillagegedo Island then south along ship loading and/or pier operations pre- the shoreline to Indian Point, then clude safe entry. The periods will be south to the Grant Island Light at identified by flying a red flag from the 55°33.3′ N latitude, 131°43.62′ W lon- ship and/or pier. gitude then bearing 218° T. to the south (c) Enforcement. The regulation in end of Back Island and continuing to this section shall be enforced by Com- the intersection of the shoreline on mander, Navy Region Northwest and Betton Island at about 55°31.55′ N lati- such agencies and persons as he/she tude, 131°45.98′ W longitude, then north shall designate. along the shoreline of Betton Island to [73 FR 78634, Dec. 23, 2008] the western side below Betton Head at about 55°30.83′ N latitude, 131°50′ W lon- § 334.1275 West Arm Behm Canal, gitude, then bearing 283° T. across Ketchikan, Alaska, restricted areas. Behm Canal to the intersection of (a) The area—Area No. 1. The waters shoreline near the point which forms of Behm Canal bounded by a circle 2,000 the southeast entrance of Bond Bay at yards in diameter, centered on 55°36′ N about 55°31.60′ N latitude, 131°56.58′ W latitude, 131°49.2′ W longitude. longitude, then northeast to Helm Area No. 2. The waters of Behm Canal Point on the Cleveland Peninsula, then bounded by a circle 2,000 yards in di- northeast along the shoreline to the ameter, centered at 55°34′ N latitude, point of beginning at Point Francis. 131°48′ W longitude. (b) The regulations—(1) Area No. 1. Area No. 3. The waters of Behm Canal Vessels are allowed to transit the area excluding those areas designated as at any time. No vessel may anchor areas Nos. 1 and 2 above, bounded by an within the restricted area or tow a irregular polygon beginning at the drag of any kind, deploy a net or dump shoreline on Back Island near 55°32.63′ any material within the area. N latitude, 131°45.18′ W longitude, then (2) Area No. 2. Vessels are allowed to bearing about 350° T to 55°38.06′ N lati- transit the area at any time. No vessel tude, 131°46.75′ W longitude then bear- may anchor within the restricted area ing about 300° T to 55°38.52′ N latitude, or tow a drag of any kind, deploy a net 131°48.15′ W longitude, then bearing or dump any material within the area.

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Vessels are also prohibited from moor- strictions in Area #5 for a total of no ing or tying up to, loitering alongside more than 15 days. or in the immediate vicinity of naval (iv) Transitory restrictions in Area equipment and barges in the restricted #5 will not be enforced during daylight area. hours when Navy testing coincides (3) Area No. 3. Vessels are allowed to with pre-scheduled special events in transit the area at any time. Due to Behm Canal. Special events are defined the presence of underwater cables and as summer holidays or celebrations, instrumentation, anchoring is prohib- competitions, or economic endeavors ited and the towing of a drag or any ob- scheduled by an agency or organiza- ject within 100 feet of the bottom is tion, and typically occurring every also prohibited. Anchoring is allowed year for the utilization of natural re- within 100 yards of the shore of Back sources of Behm Canal. Special events Island except within 100 yards of each include commercial emergency seine side of the area where electrical and fishery openings from July 25 through other cables are brought ashore. The September 15, historic salmon derbies termination location of the cables on lasting eight days or less, Memorial the land is marked with a warning sign Day, Labor Day, Independence Day or that is visible from the water. any nationally recognized three day (4) Area No. 4. Due to the presence of weekend to celebrate these holidays. communication and power cables cross- (v) Public notification that the Navy ing from Revillagegedo Island to Back will be conducting operations in Behm Island no anchoring or towing of a drag Canal will be given at least 72 hours in is allowed. Anchoring is allowed within advance to the following Ketchikan 100 yards of the shore of Back Island contacts: U.S. Coast Guard, Ketchikan except within 100 yards of each side of Gateway Borough Planning Depart- the area where the cables are brought ment, Harbor Master, Alaska Depart- ashore. The termination location of the ment of Fish and Game, KRBD Radio, cables on the land is marked with a KTKN Radio, and the Ketchikan Daily warning sign that is visible from the News. water. (c) Vessels will be allowed to transit (5) (i) The area will be Area No. 5. Restricted Area #5 within 20 minutes of open unless the Navy is actually con- marine radio or telephone notification ducting operations. To ensure safe and to the Navy Range Operations Officer. timely passage through the restricted (d) Enforcement. The regulations in area vessel operators are required to this section shall be enforced by the notify the Range Operations Officer of Commander, David Taylor Research their expected time of arrival, speed Center and such agencies he/she may and intentions. For vessels not designate. equipped with radio equipment, the Navy shall signal with flashing beacon [55 FR 2586, Jan. 25, 1990, as amended at 55 lights whether passage is prohibited FR 10237, Mar. 20, 1990; 58 FR 6718, Feb. 2, and when it is safe to pass through the 1993] area. A flashing green beacon indicates that vessels may proceed through the § 334.1280 Bristol Bay, Alaska; air-to- area. A flashing red beacon means that air weapon range, Alaskan Air Com- mand, U.S. Air Force. the area is closed to all vessels and to await a green clear signal. Each clo- (a) The danger zone. An area in Bris- sure of the area by the Navy will nor- tol Bay beginning at latitude 58°24′ N., mally not exceed 20 minutes. longitude 159°10′ W.; thence to latitude (ii) Small craft may operate within 57°58′ N., longitude 158°30′ W.; thence to 500 yards of the shoreline at speeds no latitude 57°07′ N., longitude 160°20′ W.; greater than 5 knots in accordance thence to latitude 58°02′ N., longitude with the restrictions in effect in area 161°40′ W.; and thence to the point of No. 3. beginning. (iii) During the period May 1 through (b) The regulations. (1) Intermittent September 15 annually, the Navy will firing will be conducted over two to only conduct acoustic measurement three day periods about 2 hours a day tests which will result in transitory re- between the hours of 10:00 a.m. and 4:00

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p.m. during the months of May through er Wing (MAC), Andrews Air Force August. Base, Washington, D.C. 20331. (2) The fact that practice firing is to (40 Stat. 266 (33 U.S.C. 1)) take place over the designated area shall be advertised to the public 72 [36 FR 19079, Sept. 28, 1971, as amended at 42 FR 46520, Sept. 16, 1977. Redesignated at 50 hours in advance through the usual FR 42696, Oct. 22, 1985] media for the dissemination of such in- formation. Notice to the U.S. Coast § 334.1300 Blying Sound area, Gulf of Guard and NOTAM shall be issued at Alaska, Alaska; air-to-air gunnery least 48 hours before firing is to be con- practice area, Alaskan Air Com- ducted on the range. Information as to mand, U.S. Air Force. the dates, time, and characteristics of (a) The danger zone. A rhomboidal the firing shall be advertised in ad- area beginning at latitude 59°51′30″ N., vance of each session of firing. longitude 148°42′00″ W.; thence to lati- (3) Prior to conducting each practice tude 59°22′30″ N., longitude 147°00′00″ W.; firing, the danger zone shall be pa- thence to latitude 58°52′00″ N., lon- ° ′ ″ trolled by aircraft to note the location gitude 148 03 00 W.; thence to latitude ° ′ ″ ° ′ ″ of all vessels within the area. The prac- 59 20 00 N., longitude 149 45 00 W., and tice firing exercise shall be conducted thence to point of beginning. in the portion of the danger zone not (b) The regulations. (1) 20-mm. cannon occupied by surface craft. will be fired at towed targets in the air. One firing mission will be conducted (4) This section shall be enforced by every 2 weeks during daylight hours the Commander, Alaskan Air Com- only and weather permitting. mand, U.S. Air Force, Seattle, Wash- (2) The fact that practice firing is to ington, or such agencies as he may des- take place over the designated area ignate. shall be advertised to the public 7 days [29 FR 5947, May 6, 1964, as amended at 36 FR in advance through the usual media for 6422, Apr. 3, 1971. Redesignated at 50 FR 42696, the dissemination of such information. Oct. 22, 1985] Notice to the U.S. Coast Guard and NOTAM shall be issued at least 48 § 334.1290 In Bering Sea, Shemya Is- hours before firing is to be conducted land Area, Alaska; meteorological on the range. Information as to the rocket launching facility, Alaskan dates, time, and characteristics of the Air Command, U.S. Air Force. firing shall be advertised in advance of (a) The danger zone. An arc of a circle each session of firing. with a 45-nautical-mile radius of the (3) Prior to conducting each practice launch point centered at latitude firing, the danger zone shall be pa- 52°43′30″ N., longitude 174°06′05″ E ex- trolled by aircraft to note the location tending clockwise from 110° true bear- of all vessels within the area. The prac- ing to 200° true bearing. tice firing exercise shall be conducted (b) The regulation. (1) Rockets will in the portion of the danger zone not normally be launched one each day occupied by surface craft. Monday through Friday between 9 a.m. (4) The regulations in this section and 3 p.m. Rocket hardware will dis- shall be enforced by the Commander, charge into the sea 22.5 to 37.5 nautical Alaskan Air Command, U.S. Air Force, miles off the launchsite. The instru- Anchorage, Alaska, or such agencies as ment package with parachute will im- he may designate. pact about 11⁄2 hours later at an unde- (Sec. 7, 40 Stat. 266; 33 U.S.C. 1) termined area, depending on weather [37 FR 527, Jan. 13, 1972. Redesignated at 50 conditions. FR 42696, Oct. 22, 1985] (2) All mariners entering the area will do so at their own risk and are § 334.1310 Lutak Inlet, Alaska; re- cautioned to take evasive action as stricted areas. necessary. (a) The areas—(1) Army POL dock re- (3) The regulation in this section stricted area. (i) The waters of Lutak shall be enforced by the Department of Inlet bounded as follows: Beginning at the Air Force, Headquarters 6th Weath- the water’s edge 900 feet northwest of

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the centerline of the landward end of Fleet, Naval Air Station Moffett Field, the POL dock; thence 800 feet, 51° true; California, and such agencies and he/ thence 1,400 feet, 113° true; thence 450 she may designate. ° feet, 211 true to the water’s edge at a [58 FR 26046, Apr. 29, 1993] point approximately 720 feet from the most southwest corner of the seaward § 334.1325 United States Army Re- end of the POL dock; thence along the stricted Area, Kuluk Bay, Adak, water’s edge to the point of beginning. Alaska. (ii) The area will be marked at points (a) The area. The area within a radius approximately 200 feet apart along the 1,000 yards around the Sea Base Radar shore by white signs containing the mooring site in all directions from lati- word ‘‘Warning.’’ The signs will not be tude 51°53′05.4″ N, longitude 176°33′47.4″ lighted. W (NAD 83). (2) Dry Cargo dock mooring area. (i) (b) The regulation. (1) No vessel, per- The waters within 60 feet off the face of son, or other craft shall enter or re- the dock. main in the restricted area except as (b) The regulations. (1) No person, ves- may be authorized by the enforcing sel or other watercraft shall enter or agency. remain in the Army POL dock re- (2) A ring of eight lighted and stricted area when tankers are engaged marked navigation buoys marking the in discharging oil at the dock. perimeter of the mooring anchor sys- (2) The dropping and dragging of an- tem will provide a visible distance ref- chors, weights, or other ground tackle erence at a radius of approximately 800 within the Dry Cargo dock mooring yards from latitude 51°53′05.4″ N, lon- area is prohibited. gitude 176°33′47.4″ W (NAD 83). Each (3) The regulations in this section buoy has a white light, flashing at 3 shall be enforced by the District Engi- second intervals with a 2 nautical mile neer, U.S. Army Engineer District, An- range. Vessels, persons or other craft chorage, Alaska, and such agencies as must stay at least 200 yards outside the he may designate. buoys. [33 FR 7723, May 25, 1968. Redesignated at 50 (3) The regulation in this section FR 42696, Oct. 22, 1985, as amended at 62 FR shall be enforced by personnel attached 17559, Apr. 10, 1997] to the Missile Defense Agency and/or by such other agencies as the Director, § 334.1320 Kuluk Bay, Adak, Alaska; MDA–AK, Fort Richardson, Alaska, naval restricted area. may designate. (a) The area. The northwest portion [72 FR 65669, Nov. 23, 2007] of Kuluk Bay bounded as follows: Be- ginning on shore at latitude 51°55′00″ N, § 334.1330 Bering Strait, Alaska; naval longitude 176°33′09″ W; thence due east restricted area off Cape Prince of to latitude 51°55′00″ N, longitude Wales. 176°33′09″ W; thence due south to lati- (a) The area. An area 2,000 feet wide tude 51°51′55″ N longitude 176°31′09″ W; extending from a point on Cape Prince thence due west to the shore at lati- of Wales marked by a triangular cable tude 51°51′00″ N, longitude 176°37′43″ W; marker located approximately midway thence along the shoreline to the point between the village of Wales and Cape of beginning. Prince of Wales Light to a point four (b) The regulations. (1) Except in great statute miles due west of the cable emergency, no vessel shall anchor in marker with the axis of the area pass- the restricted area described above. ing through the two points. (2) The dragging of anchors in or (b) The regulations. (1) No vessel shall across the restricted area is prohibited anchor in the restricted area described and no object attached to a vessel shall in paragraph (a) of this section. be placed on or near the bottom. (2) Dragging of anchors in or across (3) Fishing and trawling activities in the restricted area is prohibited and no the restricted area are prohibited. object attached to a vessel shall be (4) The regulation of this restricted placed on or near the bottom. area shall be enforced by the Com- (3) The regulations in this section mander, Patrol Wing, U.S. Pacific 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- the enforcing agency. Notification to ger zones. maritime interests of specific dates of (a) Danger zones—(1) Aerial bombing firing will be disseminated through the and strafing target surrounding Kaula U.S. Coast Guard media of the Local Rock, Hawaii. The waters within a cir- Notice to Mariners and the NOTAMS cular area with a radius of three (3) published by the Corps of Engineers. miles having its center on Kaula Rock On dates not specified for firing, the at latitude 21°39′30″, longitude 160°32′30″. area will be open to normal maritime (2) Submerged unexploded ordnance traffic. danger zone, Kahoolawe Island, Hawaii. 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 , [24 FR 5999, July 28, 1959. Redesignated at 50 ° ′ ″ longitude 156 30 30 ; thence to latitude FR 42696, Oct. 22, 1985, as amended at 62 FR 20°28′06″, longitude 156°41′48″; thence to 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. (a) The danger zone. The waters with- (b) The regulations. No person, vessel in a rectangular area beginning at a or other craft shall enter or remain in point in latitude 21°17′56″ N., longitude any of the areas at any time except as 158°05′21″ W., thence to latitude 21°17′30″ authorized by the enforcing agency. N., longitude 158°05′21″ W.; thence to (c) Enforcing agency. The regulations ° ′ ″ ° ′ ″ 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 the southerly boundary of Naval Air [20 FR 4129, June 11, 1955, as amended at 25 Station, Barber’s Point, to the point of FR 4749, May 28, 1960; 31 FR 14255, Nov. 4, 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, closed to all surface craft, swimmers, 1996; 62 FR 17559, Apr. 10, 1997] divers and fishermen except to craft and personnel authorized by the enforc- § 334.1350 Pacific Ocean, Island of ing agency. Oahu, Hawaii; danger zone. (2) The regulations in this section (a) The danger zone. Beginning at shall be enforced by the Commanding point of origin at Kaena Point Light in Officer, Naval Air Station, Barber’s latitude 21°34′42″ N., longitude 158°16′54″ Point, Hawaii, 96862, and such agencies W.; thence on a bearing of 282°30′ True as he/she may designate. to latitude 21°38′ N., longitude 158°33′ W.; thence along the arc of a circle cen- [31 FR 8129, June 9, 1966, as amended at 45 FR tered at Kaena Point Light to latitude 57126, Aug. 27, 1980. Redesignated at 50 FR 21°42′30″ N., longitude 158°03′ W.; thence 42696, Oct. 22, 1985] on a bearing of 228° true to latitude 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 Station Latitude Longitude designate. A (shoreline) 21°18′06″ 158°04′24″ [74 FR 58848, Nov. 16, 2009] B 21°17′00″ 158°03′30″ C 21°15′00″ 158°03′18″ § 334.1390 Pacific Ocean at Barking D 21°15′36″ 158°01′06″ Sands, Island of Kauai, Hawaii; mis- E (shoreline) 21°18′30″ 158°02′00″ sile range facility. (a) The danger zone. The waters with- (b) The regulations. (1) Vessels shall in an area beginning at latitude not anchor within the area at any 22°03′15″ N., longitude 159°47′15″ W.; time. thence southerly along the shoreline to (2) Dredging, dragging, seining, or latitude 22°02′45″ N., longitude 159°47′18″ other fishing operations which might W.; thence westerly to latitude 22°02′30″ foul underwater installations within N., longitude 159°51′30″ W.; thence the area are prohibited. northeasterly to latitude 22°06′30″ N., (3) Use of the restricted area for boat- longitude 159°49′30″ W.; and thence ing, fishing (except as prohibited in southeasterly to point of beginning. paragraph (b)(2) of this section) and (b) Markers. (1) Range markers at the other surface activities is authorized. control point at latitude 22°03′17.4″ N., (4) The regulations in this section longitude 159°47′12.2″ W., are separated shall be enforced by the Officer in 300 feet (one pole 95.5 feet northwest Charge, Fleet Area Control and Sur- and the other pole 334.5 feet southeast veillance Facility, Pearl Harbor, Ha- of this point) along a line bearing waii 96860–7625, and such agencies as he/ 327°10′ True. she may designate. (2) Range markers at the control (Sec. 3012, 70A Stat. 157; 10 U.S.C. 3012) point at latitude 22°02′44.5″ N., lon- gitude 159°47′16.4″ W., are separated 300 [36 FR 14186, July 31, 1971, as amended at 45 feet (one pole 75 feet west and the other FR 57126, Aug. 27, 1980. Redesignated at 50 FR 42696, Oct. 22, 1985, and amended at 58 FR pole 225 feet east of this point) along a 53427, Oct. 15, 1993] line bearing 266°20′ True. (3) The range marker poles seaward § 334.1410 Pacific Ocean, at Makapuu from each control point are 25 feet in Point, Waimanalo, Island of Oahu, height above ground level. The other Hawaii, Makai Undersea Test two poles are 45 feet above ground Range. level. (a) The restricted area. The waters (4) Each range marker consists of a within an area beginning at a point in 10-foot equilateral triangle with alter- latitude 21°18′50″ N., longitude 157°39′07″ nate red and white diagonal stripes. W.; thence to latitude 21°20′33″ N., lon- (c) The regulations. Entry into the gitude 157°38′00″ W.; thence to latitude area by any person, boat, vessel or 21°22′02″ N., longitude 157°39′07″ W.; and other craft is prohibited at all times. thence to latitude 21°19′35″ N., lon- Special permission for transit through gitude 157°40′46″ W. the area by the most direct route may (b) The regulations. (1) During critical be obtainable on an individual basis, by testing phases of surface and sub- prior arrangement with the Com- merged units, the operating officials of manding Officer, Pacific Missile Range the Makai Test Range will mark in a Facility, Hawaiian Area, Barking conspicuous manner the location of the Sands, Kauai, Hawaii. equipment which might be subject to [34 FR 7575, May 10, 1969. Redesignated at 50 damage from navigation and fishing FR 42696, Oct. 22, 1985] activities or might represent a hazard to persons or property in the vicinity. § 334.1400 Pacific Ocean, at Barbers During the display of signals in the re- Point, Island of Oahu, Hawaii; re- stricted area, all persons and surface stricted area. craft will remain away from the area (a) The area. That portion of the Pa- until such time as the signals are with- cific Ocean lying offshore of Oahu be- drawn. At all other times the area is tween Ewa Beach and Barbers Point, open to unrestricted fishing, boating basically outlined as follows: and general navigation.

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(2) Operating officers and personnel corner of a pier at latitude 13°26′32.1″ of the Makai Test Range will be re- N., longitude 144°39′02.8″ E.; thence to sponsible for marking in a conspicuous the northern tip of a small island at manner the location of surface and un- latitude 13°26′40.2″ N., longitude derwater equipment which is subject to 144°39′28.1″ E., and thence to the north- damage from navigation and fishing west corner of the point of land at lati- activities in the vicinity or represents tude 13°26′28.1″ N., longitude 144°39′52.5″ a hazard to persons or property in the E. vicinity, and the location of the work (b) The regulations. (1) All swimmers area during critical testing phases. and all vessels and craft except public Surface communication by boat will be vessels of the United States are prohib- provided by the Makai Test Range dur- ited from entering this area without ing testing phases. prior permission of the enforcing agen- cy. [34 FR 7964, May 21, 1969. Redesignated at 50 (2) The regulations in this section FR 42696, Oct. 22, 1985, as amended at 62 FR 17559, Apr. 10, 1997; 62 FR 24034, May 2, 1997] shall be enforced by Commander Naval Forces Marianas and such agencies as § 334.1420 Pacific Ocean off Orote he may designate. Point, Apra Harbor, Island of (3) The water areas of the outer Guam, Marianas Islands; small arms boundaries of the restricted area will firing range. not be marked but signs will be posted (a) The danger zone. The waters with- at the designated boundary coordinates in an area delineated by a line joining to warn against trespassing in the re- the following positions: stricted area.

Latitude Longitude [37 FR 8525, Apr. 28, 1972, as amended at 37 FR 11058, June 2, 1972. Redesignated at 50 FR 13°26′03.9″ 144°37′38.3″ 42696, Oct. 22, 1985] 13°25′26.0″ 144°36′14.2″ ° ′ ″ ° ′ ″ 13 24 51.2 144 36 31.9 § 334.1440 Pacific Ocean at Kwajalein 13°25′28.7″ 144°37′59.1″ 13°25′43.2″ 144°38′09.5″ Atoll, Marshall Islands; missile test- ing area. (b) The regulations. (1) The danger (a) The warning area. The waters zone shall be closed to the public and within a circular area with a radius of shipping on specific dates to be des- 200 nautical miles having its center at ignated for actual firing and no person, latitude 8°43′00″ N., longitude 167°43′00″ vessel or other craft shall enter or re- E. Intermittent hazardous missile oper- main in the danger zone designated for ations will be conducted within the firing except as may be authorized by area 24 hours daily, on a permanent the enforcing agency. Notification to basis. maritime interests of specific dates of (b) Advisory instructions. (1) Kwajalein firing will be disseminated by the en- Test Site will coordinate safe passage forcing agency. On dates not specified of surface shipping through the area. for firing, the danger zone shall be open (2) All ships are advised to contact to normal maritime traffic. Kwajalein Control (2716 KC for voice, (2) The regulations in this section 500 KC for CW initial contact, and 468 shall be enforced by the Commanding KC for CW working) before entering the Officer, U.S. Naval Station, Guam, area. Marianas Islands and such agencies as [31 FR 9850, July 21, 1966. Redesignated at 50 he may designate. FR 42696, Oct. 22, 1985] [28 FR 5377, May 30 1963. Redesignated at 50 FR 42696, Oct. 22, 1985, as amended at 62 FR § 334.1450 Atlantic Ocean off north 17559, Apr. 10, 1997] coast of Puerto Rico; practice firing areas, U.S. Army Forces Antilles. § 334.1430 Apra Inner Harbor, Island (a) The danger zones—(1) Westerly of Guam; restricted area. small-arms range. The waters within the (a) The restricted area. The waters sector of a circle bounded by radii of within Apra Inner Harbor and adjacent 10,000 yards bearing 279° and 315° re- waters of Apra Outer Harbor inclosed spectively, from latitude 18°28′31″, lon- by a line beginning at the northeast gitude 66°25′37″, and the included arc.

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NOTE: All bearings in this section are re- cation to that effect shall have been ferred to true meridian. given by the patrol craft, except that (2) Camp Tortuguero artillery range. vessels proceeding on a regular course The waters within the quadrant of a through the area will be allowed to circle bounded by radii of 20,000 yards proceed out of the area without warn- bearing 315° and 45°, respectively, from ing, and firing will not commence until latitude 18°28′31″, longitude 66°25′37″, such vessels are clear of the area. and the included arc. (3) Easterly small-arms range. The (4) This section shall be enforced by waters within the sector of a circle the Commanding General, U.S. Army bounded by radii of 7,210 yards bearing Forces Antilles, and such agencies as 45° and 70°, respectively, from a point he may designate. on the southeast boundary of the artil- [14 FR 4552, July 21, 1949. Redesignated at 14 lery range 2,790 yards from its south- FR 5593, Sept. 13, 1949, and amended at 15 FR erly end, and the included arc. 6758, Oct. 6, 1950. Redesignated at 50 FR 42696, NOTE: The outer boundaries of the danger Oct. 22, 1985, as amended at 62 FR 17559, Apr. zones will not be marked, but signs will be 10, 1997; 62 FR 24034, May 2, 1997] posted along shore to warn against tres- passing in the firing areas. § 334.1460 Atlantic Ocean and Vieques (b) The regulations. (1) The danger Sound, in vicinity of Culebra Island; zones shall be open to navigation at all bombing and gunnery target area. times except when practice firing is being conducted. When practice firing (a) The danger zone. From Punta is being conducted, no person, vessel or Resaca on the north coast of Culebra at ° ′ ″ ° ′ ″ other craft except those engaged in latitude 18 20 12 , longitude 65 17 29 to towing targets or patrolling the area latitude 18°25′07″, longitude 65°12′07″; shall enter or remain within the danger thence to latitude 18°26′31″, longitude zones: Provided, that any vessel pro- 65°16′45″; thence to latitude 18°23′00″, pelled by mechanical power at a speed longitude 65°24′30″; thence to the greater than five knots may proceed charted position of nun buoy ‘‘2’’ at through the Camp Totuguero artillery latitude 18°20′19″, longitude 65°24′51″; range at any time to and from points thence to latitude 18°18′47″, longitude beyond, but not from one point to an- 65°24′35″; thence to latitude 18°15′30″, other in the danger zone between lati- longitude 65°21′30″; thence to a point on tudes 18°31′ and 18°32′, at its regular the southeast coast of Cayo de Luis rate of speed without stopping or alter- Pena at latitude 18°17′51″, longitude ing its course, except when notified to 65°19′41″; and thence to Punta the contrary. Tamarindo on the west coast of (2) The fact that practice firing is to Culebra at latitude 18°19′12″ longitude take place over the designated area 65°19′22″. will be advertised to the public through (b) The regulations. (1) The danger the usual media for the dissemination zone is subject to use as a target area of such information. Factual informa- for bombing and gunnery practice. It tion as to the dates, time, and charac- will be open to navigation at all times teristics of the firing will be advertised except when firing is being conducted. in advance of each session of firing but At such times, no person or surface in no case less than one week nor more than four weeks before such firing is vessels, except those patrolling the scheduled to take place. area, shall enter or remain within the (3) Prior to conducting each practice danger area. Prior to conducting each firing, the entire danger zone will be firing or dropping of ordnance the dan- patrolled by aircraft or surface vessels ger area will be patrolled to insure that to insure that no watercraft are within no watercraft are within the danger the danger zone. Any watercraft in the area. Any watercraft in the vicinity vicinity will be warned that practice will be warned that practice firing is firing is about to take place. Any such about to take place and advised to va- watercraft shall, upon being so warned, cate the area. leave the danger zone immediately and (2) The regulations in this section shall not return until such practice shall be enforced by the Commander, shall have been terminated and notifi- Caribbean Sea Frontier, San Juan,

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Puerto Rico, and such agencies as he Figuera south to Point Puerca, and may designate. thence west to Point Cascajo and the mouth of the Daguada River. (Sec. 7, 40 Stat. 266, (33 U.S.C. 1)) (2) A strip, 1,500 yards wide, off the [13 FR 9530, Dec. 31, 1948. Redesignated at 14 naval reservation shoreline along the 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 42696, Oct. 22, 1985, as amended at 62 FR 17559, west around the breakwater to Point Apr. 10, 1997] Arenas, and thence south and east to a point on the shoreline one mile east of § 334.1470 Caribbean Sea and Vieques the site of the abandoned central at Sound, in vicinity of Eastern Playa Grande. Vieques; bombing and gunnery tar- (3) A strip, 1,500 yards wide, off the get area. south coast of Vieques Island extending (a) The danger zone. From Punta from the entrance to Port Mosquito Conejo on the south coast of Vieques at east to Conejo Point. latitude 18°06′30″, longitude 65°22′33″; (4) An area inclosed by an arc with a thence to latitude 18°03′00″, longitude radius of 3,000 yards centered on Cabras 65°21′00″; thence to latitude 18°03′00″, Island Lighthouse and extending from longitude 65°15′30″; thence to latitude Point Puerca to Point Cascajo. 18°11′30″, longitude 65°14′30″; thence to (b) The regulations. No person or ves- latitude 18°12′00″, longitude 65°20′00″; sel shall enter or remain within the re- and thence to Cabellos Colorados on stricted areas at any time unless on of- the north coast of Vieques at latitude ficial business. Fishing vessels are per- 18°09′49″, longitude 65°23′27″. mitted to anchor in Playa Blanca, (b) Regulations. (1) It will be open to passing through the restricted area de- navigation at all times except when scribed in paragraph (a)(1) of this sec- firing is being conducted. At such tion, to and from anchorage on as near times, no persons or surface vessels, ex- a north-south course as sailing condi- cept those patrolling the area, shall tions permit. Under no conditions will enter or remain within the danger swimming, diving, snorkeling, other area. Prior to conducting each firing or water related activities or fishing, be dropping of ordnance the danger area permitted in the restricted area. will be patrolled to insure that no [13 FR 9564, Dec. 31, 1948. Redesignated at 50 watercraft are within the danger area. FR 42696, Oct. 22, 1985, as amended at 62 FR Any watercraft in the vicinity will be 17559, Apr. 10, 1997] warned that practice firing is about to take place and advised to vacate the § 334.1490 Caribbean Sea, at St. Croix, area. V.I.; restricted areas. (2) The regulations will be enforced (a) The areas—(1) Area ‘‘A’’. A tri- by the Commander, U.S. Naval Forces angular area bounded by the following Caribbean, U.S. Naval Station, Roo- coordinates: sevelt Roads, Puerto Rico, and such agencies and subordinate commands as Latitude Longitude he/she may designate. 17°44′42″ N. 64°54′18″ W. ° ′ ″ ° ′ ″ (Sec. 7, 40 Stat. 266, (33 U.S.C. 1)) 17 43 06 N. 64 54 18 W. 17°44′30″ N. 64°53′30″ W. [39 FR 27133, July 25, 1974, as amended at 46 FR 29935, June 4, 1981. Redesignated at 50 FR (2) Area ‘‘B’’. A rectangular area 42696, Oct. 22, 1985, as amended at 62 FR 17559, bounded by the following coordinates: Apr. 10, 1997] Latitude Longitude § 334.1480 Vieques Passage and Atlan- tic Ocean, off east coast of Puerto 17°41′42″ N. 64°54′00″ W. Rico and coast of Vieques Island; 17°41′42″ N. 64°54′18″ W. 17°41′18″ N. 64°54′00″ W. naval restricted areas. 17°41′18″ N. 64°54′18″ W. (a) The restricted areas. (1) A strip, 1,500 yards wide, off the naval reserva- (b) The regulations. (1) Anchoring in tion shoreline along the east coast of the restricted areas is prohibited with Puerto Rico extending from Point the exception of U.S. Government

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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 Facility, Roosevelt Roads, P.R., and opportunity for public hearing for dis- such agencies as he may designate. charges of dredged or fill material into waters of the U.S. and that discharge [34 FR 19030, Nov. 29, 1969. Redesignated at 50 FR 42696, Oct. 22, 1985] sites can be specified through the ap- plication of guidelines developed by the Administrator of the Environmental PART 335—OPERATION AND MAIN- Protection Agency (EPA) in conjunc- TENANCE OF ARMY CORPS OF tion with the Secretary of the Army. ENGINEERS CIVIL WORKS Section 103 of the ODA requires public PROJECTS INVOLVING THE DIS- notice with opportunity for public CHARGE OF DREDGED OR FILL hearing for the transportation for dis- MATERIAL INTO WATERS OF THE posal of dredged material for disposal U.S. OR OCEAN WATERS in ocean waters. Ocean disposal of dredged material must be evaluated Sec. using the criteria developed by the Ad- 335.1 Purpose. ministrator of EPA in consultation 335.2 Authority. with the Secretary of the Army. Sec- 335.3 Applicability. tion 103(e) of the ODA provides that the 335.4 Policy. Secretary of the Army may, in lieu of 335.5 Applicable laws. permit procedures, issue regulations 335.6 Related laws and Executive Orders. for Federal projects involving the 335.7 Definitions. transportation of dredged material for AUTHORITY: 33 U.S.C. 1344; 33 U.S.C. 1413. ocean disposal which require the appli- SOURCE: 53 FR 14911, Apr. 26, 1988, unless cation of the same criteria, procedures, otherwise noted. and requirements which apply to the issuance of permits. Similarly, the § 335.1 Purpose. Corps does not issue itself a CWA per- This regulation prescribes the prac- mit to authorize Corps discharges of tices and procedures to be followed by dredged material or fill material into the Corps of Engineers to ensure com- U.S. waters, but does apply the 404(b)(1) pliance with the specific statutes gov- guidelines and other substantive re- erning Army Civil Works operations quirements of the CWA and other envi- and maintenance projects involving the ronmental laws. discharge of dredged or fill material into waters of the U.S. or the transpor- § 335.3 Applicability. tation of dredged material for the pur- This regulation (33 CFR parts 335 pose of disposal into ocean waters. through 338) is applicable to the Corps These practices and procedures should of Engineers when undertaking oper- be employed throughout the decision/ ation and maintenance activities at management process concerning meth- Army Civil Works projects. odologies and alternatives to be used to ensure prudent operation and mainte- § 335.4 Policy. nance activities. The Corps of Engineers undertakes operations and maintenance activities § 335.2 Authority. where appropriate and environmentally Under authority delegated from the acceptable. All practicable and reason- Secretary of the Army and in accord- able alternatives are fully considered ance with section 404 of the Clean on an equal basis. This includes the Water Act of 1977 (CWA) and section 103 discharge of dredged or fill material of the Marine Protection, Research, into waters of the U.S. or ocean waters and Sanctuaries Act of 1972, herein- in the least costly manner, at the least after referred to as the Ocean Dumping costly and most practicable location,

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