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Home , Cheatham Annex, Naval Station Mayport, Norfolk Naval Shipyard, Point Wilson Light

Pt. 334 33 CFR Ch. II (7–1–11 Edition)

(2) For in-lieu fee project sites, real land bank) must be consistent with the estate instruments, management plans, terms of this part. or other long-term protection mecha- (2) In-lieu fee program instruments. All nisms used for site protection must be in-lieu fee program instruments ap- finalized before advance credits can be- proved on or after July 9, 2008 must come released credits. meet the requirements of this part. In- (u) Long-term management. (1) The lieu fee programs operating under in- legal mechanisms and the party re- struments approved prior to July 9, sponsible for the long-term manage- 2008 may continue to operate under ment and the protection of the mitiga- those instruments for two years after tion bank site must be documented in the effective date of this rule, after the instrument or, in the case of um- which time they must meet the re- brella mitigation banking instruments quirements of this part, unless the dis- and in-lieu fee programs, the approved trict engineer determines that cir- mitigation plans. The responsible party cumstances warrant an extension of up should make adequate provisions for to three additional years. The district the operation, maintenance, and long- engineer must consult with the IRT be- term management of the compensatory fore approving such extensions. Any re- mitigation project site. The long-term visions made to the in-lieu fee program management plan should include a de- instrument on or after July 9, 2008 scription of long-term management must be consistent with the terms of needs and identify the funding mecha- this part. Any approved project for nism that will be used to meet those which construction was completed needs. under the terms of a previously ap- (2) The instrument may contain pro- proved instrument may continue to op- visions for the sponsor to transfer long- erate indefinitely under those terms if term management responsibilities to a the district engineer determines that land stewardship entity, such as a pub- the project is providing appropriate lic agency, non-governmental organiza- mitigation substantially consistent tion, or private land manager. with the terms of this part. (3) The instrument or approved 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 Definintions. 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- , naval restricted area, Bath, ment on or after July 9, 2008, including Maine. authorization of additional sites under 334.50 Piscataqua River at Portsmouth Naval Shipyard, Kittery, Maine; re- an umbrella mitigation banking instru- stricted areas. ment, expansion of an existing site, or 334.60 Cape Cod Bay south of Wellfleet Har- addition of a different type of resource bor, Mass.; naval aircraft bombing target credits (e.g., stream credits to a wet- area.

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

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334.450 Cape Fear River and tributaries at 334.635 Hillsborough Bay and waters contig- Sunny Point Army Terminal, Brunswick uous to MacDill Air Force Base, Fla.; re- County, NC; restricted area. stricted area. 334.460 Cooper River and tributaries at 334.640 Gulf of Mexico south of Apalachee Charleston, SC. Bay, Fla.; Air Force rocket firing range. 334.470 Cooper River and Charleston Harbor, 334.650 Gulf of Mexico, south of St. George S.C.; restricted areas. Island, Fla.; test firing range. 334.475 Brickyard Creek and tributaries and 334.660 Gulf of Mexico and Apalachicola Bay the Broad River at Beaufort, SC. south of Apalachicola, Fla., Drone Re- 334.480 Archers Creek, Ribbon Creek and covery Area, , Broad River, S.C.; U.S. Marine Corps Re- Fla. cruit Depot rifle and pistol ranges, Parris 334.670 Gulf of Mexico south and west of Island. Apalachicola, San Blas, and St. Joseph 334.490 Atlantic Ocean off Georgia Coast; bays; air-to-air firing practice range, air-to-air and air-to-water gunnery and Tyndall Air Force Base, Fla. bombing ranges for fighter and bombard- 334.680 Gulf of Mexico, southeast of St. An- ment aircraft, U.S. Air Force. drew Bay East Entrance, small- arms fir- 334.500 St. Johns River, Atlantic Ocean, ing range, Tyndall Air Force Base, Fla. Sherman Creek; restricted areas and dan- 334.690 [Reserved] ger zone, Naval Station Mayport, Flor- 334.700 Choctawhatchee Bay, aerial gunnery ida. ranges, Air Proving Ground Center, Air 334.510 U.S. Navy Fuel Depot Pier, St. Research and Development Command, Johns River, Jacksonville, Fla.; re- , Fla. stricted area. 334.710 The Narrows and Gulf of Mexico ad- 334.515 Blount Island Command and Marine jacent to Santa Rosa Island, Air Force Corps Support Facility–Blount Island; Proving Ground Command, Eglin Air Jacksonville, restricted areas. Force Base, Fla. 334.520 Lake George, Fla.; naval bombing 334.720 Gulf of Mexico, south from area. Choctawhatchee Bay; guided missiles 334.525 Atlantic Ocean off John F. Kennedy test operations area, Headquarters Air Space Center, FL; restricted area. Proving Ground Command, U.S. Air 334.530 Canaveral Harbor adjacent to the Force, Eglin Air Force Base, Fla. Navy pier at Port Canaveral, Fla.; re- 334.730 Waters of Santa Rosa Sound and stricted area. Gulf of Mexico adjacent to Santa Rosa 334.540 Banana River at the Eastern Range, Island, Air Force Proving Ground Com- 45th Space Wing, Cape Canaveral Air mand, Eglin Air Force Base, Fla. Force Station, FL; restricted area. 334.740 Weekley Bayou, an arm of Boggy 334.560 Banana River at Patrick Air Force Bayou, Fla., at Eglin Air Force Base; re- Base, Fla.; restricted area. stricted area. 334.570 Banana River near Orsino, Fla.; re- 334.750 Ben’s Lake, a tributary of stricted area. Choctawhatchee Bay, Fla., at Eglin Air 334.580 Atlantic Ocean near Port Ever- Force Base; restricted area. glades, Fla. 334.760 Naval Support Activity Panama 334.590 Atlantic Ocean off Cape Canaveral, City and Alligator Bayou, a tributary of Fla.; Air Force missile testing area, Pat- St. Andrew Bay, Fla.; naval restricted rick Air Force Base, Fla. area. 334.595 Atlantic Ocean off Cape Canaveral; 334.761 Naval Support Activity Panama 45th Space Wing, Cape Canaveral Air City; St. Andrews Bay; restricted areas. Force Station, FL; restricted area. 334.762 Naval Support Activity Panama 334.600 TRIDENT Basin adjacent to Canav- City; North Bay and West Bay; restricted eral Harbor at Cape Canaveral Air Force areas. Station, Brevard County, Fla.; danger 334.763 Naval Support Activity Panama zone. City; Gulf of Mexico; restricted area. 334.610 Key West Harbor, at U.S. Naval 334.770 Gulf of Mexico and St. Andrew Base, Key West, Fla.; naval restricted Sound, south of East Bay, Fla., Tyndall areas and danger zone. Drone Launch Corridor, Tyndall Air 334.620 Straits of Florida and Florida Bay in Force Base, Fla.; restricted area. vicinity of Key West, Fla.; operational 334.775 Pensacola, Pensa- training area, aerial gunnery range, and cola Bay, Pensacola and Gulf Breeze, bombing and strafing target areas, Naval Fla.; naval restricted area. Air Station, Key West, Fla. 334.778 Pensacola Bay and waters contig- 334.630 Tampa Bay south of MacDill Air uous to the Naval Air Station, Pensa- Force Base, Fla.; small-arms firing range cola, FL; restricted area. and aircraft jettison, U.S. Air Force, 334.780 Pensacola Bay, Fla.; seaplane re- MacDill Air Force Base. stricted area.

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

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334.1130 Pacific Ocean, Western Space and Ulupau Crater Weapons Training Range; Missile Center (WSMC), Vandenberg danger zone. AFB, Calif.; danger zones. 334.1390 Pacific Ocean at Barking Sands, Is- 334.1140 Pacific Ocean at San Miguel Island, land of Kauai, Hawaii; missile range fa- Calif.; naval danger zone. cility. 334.1150 Monterey Bay, Calif. 334.1400 Pacific Ocean, at Barbers Point, Is- 334.1160 San Pablo Bay, Calif.; target prac- land of Oahu, Hawaii; restricted area. tice area, Mare Island Naval Shipyard, 334.1410 Pacific Ocean, at Makapuu Point, Vallejo. Waimanalo, Island of Oahu, Hawaii, 334.1170 San Pablo Bay, Calif.; gunnery Makai Undersea Test Range. range, Naval Inshore Operations Train- 334.1420 Pacific Ocean off Orote Point, Apra ing Center, Mare Island, Vallejo. Harbor, Island of Guam, Marianas Is- 334.1180 Strait of Juan de Fuca, Wash.; air- lands; small-arms firing range. to-surface weapon range, restricted area. 334.1430 Apra Inner Harbor, Island of Guam; 334.1190 Hood Canal and Dabob Bay, Wash.; restricted area. naval non-explosive torpedo testing area. 334.1440 Pacific Ocean at Kwajalein Atoll, 334.1200 Strait of Juan de Fuca, eastern end; Marshall Islands; missile testing area. off the westerly shore of Whidbey Island; 334.1450 Atlantic Ocean off north coast of naval restricted areas. Puerto Rico; practice firing areas, U.S. 334.1210 , 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 , 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 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, , 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, 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 Coast Guard Captain of the Port are Latitude Longitude advised in writing at least 48 hours in 41°23′15.8″ N 72°05′22.0″ W advance of the event, or 41°23′25.9″ N 72°05′29.9″ W (ii) The event was publicized in such ° ′ ″ ° ′ ″ 41 23 33.8 N 72 05 34.7 W a manner that the local public in gen- 41°23′37.0″ N 72°05′38.0″ W 41°23′41.0″ N 72°05′40.3″ W eral had a reasonable opportunity to 41°23′47.2″ N 72°05′42.3″ W learn of the event 48 hours in advance. 41°23′53.8″ N 72°05′43.7″ W (4) The regulations in this section 41°23′59.8″ N 72°05′43.0″ W 41°24′12.4″ N 72°05′43.2″ W shall be enforced by the Commander, U.S. Naval Submarine Base New Lon- don, Connecticut, and such agencies as Then to the point of beginning on the east- he/she may designate. ern shore. (b) The regulations. (1) Vessels and [53 FR 47802, Nov. 28, 1988, as amended at 54 FR 7033, Feb. 16, 1989; 62 FR 17552, Apr. 10, other watercraft within the designated 1997] navigation channel may proceed through the restricted area at normal § 334.78 Rhode Island Sound, Atlantic operating speeds without stopping. Ocean, approximately 4.0 nautical Vessels and watercraft may also utilize miles due south of Lands End in the water area within the restricted Newport, R. I.; restricted area for area located between the western edge naval practice minefield. of the designated channel and the west- (a) The area. The open waters of ern shore for fishing, anchoring and Rhode Island Sound approximately 4.0 other recreational uses. However, all nautical miles due south of Lands End, persons, vessels and watercraft, except Newport, Rhode Island, within an area U.S. military personnel and vessels bounded as follows: Beginning at lati- must leave the restricted area when tude 41°20′29″ N., longitude 71°19′54″ W.; notified by personnel of the New Lon- thence 2000 yards easterly to latitude don Submarine Base that such use will 41°20′29″ N., longitude 71°18′34″ W.; interfere with submarine maneuvering, thence 3000 yards southerly to latitude operations or security. 41°18′57″ N., longitude 71°18′34″ W.; (2) Commercial fishermen and shell thence 2000 yards westerly to latitude fishermen may fish within the re- 41°18′57″ N., longitude 71°19′54″ W.; stricted area provided their vessels dis- thence 3000 yards northerly to the play registration numbers issued by point of beginning.

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

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

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

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

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

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Maryland, is not using the area for an desire to set fixed nets and state the authorized use and is in violation of period of time for which they desire the this regulation. Further, water skiing permit to cover. Nets placed in the re- in the water area of Aberdeen Proving stricted waters are subject to damage Ground is permitted as an authorized by gunfire and bombing, and the risk of use when the water area is open for use such damage will be assumed by the by the general public providing that no holder of the permit. water skier touches any land, either (2) Holders of permits for setting dry land (fast land) or subaqueous land fixed nets must comply with the provi- and comes no closer then 200 meters sions of this part and also with from any shoreline. Further, if any per- § 206.50(d) of this chapter. son is in the water area of Aberdeen (g) Identification signs required at each Proving Ground, Maryland, outside of location of fixed nets. Fishermen and any vessel (except for the purposes of crabbers who have been granted per- water skiing as outlined above) includ- ing, but not limited to, swimming, mits to fish or crab within the re- scuba diving, or other purpose, that stricted waters of Aberdeen Proving person is not using the water in an au- Ground Reservation with fixed nets thorized manner and is in violation of must at each location have a stake se- this regulation. curely driven at the outer end of the (e) Entry onto land and limitation of line of nets on which is mounted a sign firing over land. (1) Entry onto any board which contains their name and land, either dry land (fast land) or sub- permit number. All stakes set within aqueous land, within the boundaries of the restricted area established by this the Aberdeen Proving Ground Reserva- regulation will project at least three tion as defined in paragraph (a)(1) of (3) feet above the surface of the water this section is prohibited at all times. at all ordinary high stages of the tide. Provided, the Commander, Aberdeen Nets and other fishing and crabbing Proving Ground, is authorized to grant structures erected will be marked by exceptions to this regulation either by stakes set at intervals not greater than written permission or by local regula- fifty (50) feet. Fishing and crabbing tion. Entry onto the land is punishable structures erected in Aberdeen Proving as in paragraph (c) of this section. Ground waters will be plainly marked (2) There are no limitations on test on both ends, and will be lighted with firing by Federal testing facilities at a white light between sunset and sun- Aberdeen Proving Ground over land be- rise, by and at the expense of the longing to Aberdeen Proving Ground. owner. (f) Permits required from the Com- (h) Removal of pound net poles and/or manding Officer to set fixed nets in re- stakes. At the end of the fishing and stricted waters. (1) Fishermen and crabbing season, fishermen and crabbers desiring to set fixed nets with- crabbers must remove and haul away in the restricted waters of Aberdeen from the location all pound nets, pots, Proving Ground Reservation are re- poles or stakes used in their operation. quired in every instance to have a writ- ten permit. A fixed net for the purpose Pound net poles or stakes must not be of this paragraph is defined as a pound cast adrift after removal. net, staked gill net, hedge fike net, (i) Restrictions on fishermen and hoop net, eel pot, crab pot, and all crabbers. It must be distinctly under- other types of nets fastened by means stood that holders of permits to fish or of poles, stakes, weights, or anchors. crab are not authorized to enter the re- Permits to fish and crab within the 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.

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

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

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

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

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

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(4) Day and night firing over the of the Naval Support Facility Dahl- range will be conducted intermittently gren, a distance of about 4,080 yards; by one or more vessels, depending on thence north along the Potomac shore weather and operating schedules. When of Naval Surface Warfare Center, Dahl- firing is in progress, adequate patrol by gren to Baber Point; and thence west naval craft will be conducted to pre- along the Upper Machodoc Creek shore vent vessels from entering or remain- of Naval Surface Warfare Center, Dahl- ing within the danger zone. gren to Howland Point at latitude (5) This section shall be enforced by 38°19′0.5″, longitude 77°03′23″; thence the Commandant, Fifth Naval District, northeast to latitude 38°19′18″, lon- U. S. Naval Base, Norfolk, Virginia, gitude 77°02′29″, a point on the Naval and such agencies as he may designate. Surface Warfare Center, Dahlgren [13 FR 6918, Nov. 24, 1948, as amended at 22 shore about 350 yards southeast of the FR 6965, Dec. 4, 1957. Redesignated at 50 FR base of the Navy recreational pier. Haz- 42696, Oct. 22, 1985] ardous operations are normally 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

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

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the area until convenient to the firing reflective material will be placed schedule to do so. across the Chopawamsic Creek channel at the entrance to the channel from [13 FR 6916, Nov. 24, 1948, as amended at 13 FR 9557, Dec. 31, 1948; 21 FR 2817, May 1, 1956; the Potomac River and immediately 22 FR 2951, Apr. 26, 1957; 28 FR 349, Jan. 12, west of the CSX railroad bridge. 1963; 48 FR 54597, Dec. 6, 1983. Redesignated (c) Enforcement. The regulations in at 50 FR 42696, Oct. 22, 1985, as amended at 62 this section shall be enforced by the FR 17552, Apr. 10, 1997; 76 FR 10523, Feb. 25, Commander, MCB Quantico or any 2011] such agencies he/she designates. The areas identified in paragraph (a) of this § 334.235 Potomac River, Marine Corps Base Quantico (MCB Quantico) in section will be monitored 24 hours a vicinity of Marine Corps Air Facil- day, 7 days a week. Any person or ves- ity (MCAF), restricted area. sel encroaching within the areas iden- (a) The area. All of the navigable tified in paragraph (a) of this section waters of the Potomac River extending will be directed to immediately leave approximately 500 meters from the the restricted area. Failure to do so high-water mark on the Eastern shore- could result in forceful removal and/or line of the MCAF, bounded by these co- criminal charges. ordinates (including the Chopawamsic (d) Exceptions. Commercial fisherman Creek channel, but excluding will be authorized controlled access to Chopawamsic Island): Beginning at the restricted area (with the exception latitude 38°29′34.04″ N, longitude of Chopawamisc Creek channel) after 077°18′22.4″ W (Point A); thence to lati- registering with MCB Quantico offi- tude 38°29′43.01″ N, longitude 077°18′4.1″ cials and following specific access noti- (Point B); thence to latitude 38°29′55.1″ fication procedures. N, longitude 077°17′51.3″ W (Point C); [76 FR 6328, Feb. 4, 2011; 76 FR 10524, Feb. 25, thence to latitude 38°30′10.1″ N, lon- 2011] gitude 077°17′40.3″ W (Point D); thence to latitude 38°30′23.43″ N, longitude § 334.240 Potomac River, Mattawoman 077°17′50.30″ W (Point E); then along the Creek and Chicamuxen Creek; U.S. western shoreline of Chopawamsic Is- Naval Surface Weapons Center, In- land to latitude 38°30′35.13″ N, longitude dian Head Division, Indian Head, Md. 077°17′47.45″ W (Point F); thence to 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″ horns are in operation, or when warned N., longitude 76°32′32″ W.; thence to or directed by a patrol vessel. latitude 37°15′42″ N., longitude 76°32′06″ (4) Nothing in this section shall pro- W.; thence to latitude 37°15′27″ N., lon- hibit the use of Mattawoman Creek or gitude 76°31′48″ W.; thence to latitude Chicamuxen Creek as a harbor of ref- 37°15′05″ N., longitude 76°31′27″ W.; uge because of stress of weather. thence to a point on the shore line at (5) Except as prescribed in paragraph latitude 37°14′51″ N., longitude 76°31′50″ (b)(3) of this section, persons and ves- W.; and thence along the shore line to sels may enter and proceed through the the point of beginning. danger zone without restriction. How- (2) Naval mine service-testing area ever, accidental explosions may occur (restricted). A rectangular area adjacent at any time and persons and vessels en- to the northeast boundary of the pro- tering the area do so at their own risk. hibited area described in subparagraph (6) Fishermen operating in the dan- (1) of this paragraph, beginning at lati- ger zone when warning signals are tude 37°16′00″ N., longitude 76°32′29″ W.; sounded shall evacuate the area imme- thence to latitude 37°16′23″ N., lon- diately. gitude 76°32′00″ W.; thence to latitude (7) The regulations in this section 37°15′27″ N., longitude 76°30′54″ W.; shall be enforced by the Commanding thence to latitude 37°15′05″ N., lon- Officer, U.S. Naval Surface Warfare gitude 76°31′27″ W.; thence to latitude Center, Indian Head Division, Indian 37°15′27″ N., longitude 76°31′48″ W.; Head, Maryland. thence to latitude 37°15′42″ N., lon- ° ′ ″ [26 FR 9748, Oct. 17, 1961, as amended at 48 FR gitude 76 32 06 W.; thence to latitude 54598, Dec. 6, 1983. Redesignated at 50 FR 37°15′40″ N., longitude 76°32′09″ W.; and 42696, Oct. 22, 1985, as amended at 62 FR 17552, thence to the point of beginning. Apr. 10, 1997] (3) Explosives-Handling Berth (Naval). A circular area of 600 yards radius with § 334.250 Gunston Cove, at Whitestone its center at latitude 37°13′56″ N., lon- Point, Va.; U.S. Army restricted gitude 76°28′48″ W. area. (b) The regulations. (1) All persons and (a) The area. The waters within an all vessels other than naval craft are area beginning at a point on the shore- forbidden to enter the prohibited area line at longitude 77°08′36″; thence to described in paragraph (a)(1) of this latitude 38°40′22″, longitude 77°08′39″; section. thence to latitude 38°40′14″, longitude (2) Trawling, dragging, and net-fish- 77°08′22″; thence to a point on the shore- ing are prohibited, and no permanent

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

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

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

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

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

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

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§ 334.390 Atlantic Ocean south of en- § 334.400 Atlantic Ocean south of 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] (4) Lookout posts will be manned by the activity or agency operating the § 334.410 Albemarle Sound, Pamlico firing range at the Fleet Combat Cen- Sound, and adjacent waters, NC; danger zones for naval aircraft op- ter, Atlantic, Dam Neck, Virginia erations. Beach, Virginia. After darkness, night vision systems will be utilized by look- (a) Target areas—(1) North Landing outs to aid in locating vessels River (Currituck Sound). The waters of transiting the area. North Landing River within a radius of 1,000 yards from a target located at (5) There shall be no firing on the ° ′ ″ ° ′ ″ range during periods of low visibility latitude 36 31 00 , longitude 76 01 40 . (2) Northern part of Currituck Sound. which would prevent the recognition of ° ′ a vessel (to a distance of 7,500 yards) Beginning at a point bearing 65 30 , which is properly displaying navigation 1,025 yards, from Currituck Sound Light 69; thence 86°, 6,000 yards; thence lights, or which would preclude a vessel ° ° ′ from observing the red range flags or 193 , 4,425 yards; thence 267 30 , 2,775 lights. yards; and thence to the point of begin- ning. The target is located at latitude (6) The regulations in this section 36°27′16″, longitude 75°56′30″. shall be enforced by the Commander, Naval Air Force, U.S. Atlantic Fleet/ NOTE: All bearings in this section are re- ferred to true meridian. Commander, Fleet Air Norfolk, Nor- (b) Target and bombing area along folk, Va., and such agencies as he may south shore of Albemarle Sound. Begin- designate. ning at latitude 36°00′43″, longitude (Sec. 7, 40 Stat. 266; 33 U.S.C. 1) 76°19′20″; thence to latitude 36°02′40″, longitude 76°04′26″, thence to latitude [13 FR 6919, Nov. 24, 1948, as amended at 29 ° ′ ″ ° ′ ″ FR 5679, Apr. 29, 1964; 38 FR 16223, June 21, 36 00 12 , longitude 76 04 26 ; thence to 1973. Redesignated at 50 FR 42696, Oct. 22, latitude 35°59′35″, longitude 76°19′20″, 1985, and amended at 58 FR 53428, Oct. 15, and thence to the point of beginning. 1993; 60 FR 18543, Apr. 12, 1995] This area is divided into three subareas

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

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

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

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

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

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

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intersection with the Seaboard Coast- southeasterly direction, parallel the line Railroad at latitude 32°55′34″, lati- shoreline, to latitude 32°55′18″, lon- tude 79°59′30″; thence in a northwest- gitude 79°55′55″; thence in a 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″. approximately 4.8 miles to latitude (12) Danger zone. That portion of Fos- 32°57′32″, longitude 79°55′27″; thence in a ter Creek beginning at the point of the southerly direction for approximately southern shoreline of an unnamed trib- 100 yards to latitude 32°57′29″, longitude utary of Foster Creek at its intersec- 79°55′23″, thence in a southwesterly di- tion with Foster Creek at latitude rection, paralleling the shoreline to 32°59′16″ N, longitude 79°57′23″ W; thence latitude 32°56′48″, longitude 79°55′48″; back proceeding along the eastern thence in an easterly direction for ap- shoreline to the terminus of the tribu- proximately 50 yards to latitude tary at latitude 32°59′49″ N, longitude 32°56′49″, longitude 79°55′46″, thence in a 79°57′29″ W; thence back down the west- southerly direction, paralleling the ern shoreline of the unnamed tributary shoreline, to latitude 32°56′40″, lon- to latitude 32°59′15″ N, longitude gitude 79°55′40″; thence in a westerly di- 79°57′26″ W. The waters and associated rection for approximately 50 yards to marshes in this danger zone area are latitude 32°56′39″, longitude 79°55′42″; subject to impact by rounds and rico- thence in a southwesterly direction, chets originating from a small arms paralleling the shoreline, to latitude range when firing is in progress. 32°56′15″, longitude 79°56′07″; thence in a (13) Danger zone. Those portions of southwesterly direction to latitude unnamed tributaries and associated 32°56′05″, longitude 79°56′17″; thence in a marshes of Back River and Foster westerly direction, for approximately Creek that are generally described as 50 yards to latitude 32°56′05″, longitude lying south of the main shoreline and 79°56′19″; thence in a southerly direc- extending southward to the northern tion, paralleling the shoreline to lati- shoreline of Big Island (U.S. Naval Res- tude 32°55′45″, longitude 79°56′19″; thence ervation). Specifically, the area begin- in a southwesterly direction to latitude ning at a point on the main shoreline 32°55′42″, longitude 79°56′13″; thence in a which is the northern shore of an

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

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

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

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

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(7) It is further understood that un- (2) At the pistol range. An area in authorized personnel will not take pho- Broad River inclosed by the following tographs from within the above de- points: scribed restricted areas. (c) Enforcement: The regulation in Latitude Longitude this section, promulgated by the 32°20′09″ 80°42′57″ United States Army Corps of Engi- 32°19′27″ 80°42′27″ neers, shall be enforced by the Com- 32°18′57″ 80°43′24″ ° ′ ″ ° ′ ″ manding Officer, MCAS Beaufort, or 32 19 39 80 43 54 32°20′00″ 80°43′36″ persons or agencies as he/she may au- 32°20′00″ 80°43′15″ thorize including any Federal Agency, State, Local or County Law Enforce- The area will be adequately marked by ment agency, or Private Security Firm red flags for the convenience and pro- in the employment of the facility, so tection of the general public. long as the entity undertaking to en- (b) Firing over these ranges will nor- force this Restricted Area has the legal mally take place between the hours of authority to do so under the appro- 6:30 a.m. and 5 p.m., Monday through priate Federal, State or local laws. Friday, and from 6 a.m. to 12 noon on [70 FR 43780, July 29, 2005] Saturday, National holidays excepted, and at other times as designated and § 334.480 Archers Creek, Ribbon Creek properly published by the Commanding and Broad River, S.C.; U.S. Marine General, Parris Island Marine Base. Corps Recruit Depot rifle and pistol (c) No person, vessel and other ranges, Parris Island. watercraft shall enter the restricted (a) During periods when the rifle and waters when firing is in progress. At all pistol ranges on Parris Island are in other times these waters are open to use, the following areas will be re- navigation. Safety regulations shall be stricted to navigation: enforced at all times with the following (1) At the rifle range. Archers Creek specific precautions being provided by between Broad River and Beaufort the Parris Island Marine Base: River and Ribbon Creek from Broad (1) At the rifle range. Warning signs Creek entrance. The area is inclosed by indicating the periods when the rifle the following points: range is in use will be posted by the en- trances to Archers Creek and Ribbon Latitude Longitude Creek. Also the warning signs will be 32°21′40″ 80°44′52″ placed at the corners of the rifle range 32°21′51″ 80°44′38″ impact area. 32°21′54″ 80°44′41″ (2) At the pistol range. Warning flag 32°22′01″ 80°44′21″ shall be flown from top of a lookout ° ′ ″ ° ′ ″ 32 22 08 80 44 15 tower with a sentry lookout during ac- 32°22′15″ 80°44′07″ 32°22′17″ 80°44′05″ tual firing. Also a patrol boat shall be 32°22′20″ 80°43′52″ accessible for clearing the area and 32°22′17″ 80°43′48″ warning all approaching vessels of the 32°22′17″ 80°43′47″ danger zone area and the schedule of 32°21′44″ 80°43′28″ firing. During storms or similar emer- ° ′ ″ ° ′ ″ 32 21 30 80 43 13 gencies this area shall be opened to 32°20′55″ 80°42′23″ 32°20′21″ 80°42′24″ vessels to reach safety without undue 32°20′06″ 80°42′43″ delay for the preservation of life and 32°20′12″ 80°43′01″ property. 32°20′18″ 80°43′22″ (d) The regulations in this section ° ′ ″ ° ′ ″ 32 20 28 80 43 33 shall be enforced by the Commanding 32°20′30″ 80°43′37″ 32°20′35″ 80°43′41″ General, Marine Corps Recruit Depot, Parris Island, South Carolina, and such agencies as he may designate. and thence to point of beginning: [29 FR 6682, May 22, 1964, as amended at 36 Latitude Longitude FR 22238, Nov. 23, 1971. Redesignated at 50 FR 42696, Oct. 22, 1985, as amended at 62 FR 17554, 32°21′40″ 80°44′52″ Apr. 10, 1997]

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§ 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 cept when aerial gunnery or bombing jetty at latitude 30°23′50.06″ N, lon- practice is being conducted. gitude 081°23′28.26″ W. (2) Prior to conducting each practice, (3) Atlantic Ocean restricted area. the entire area will be patrolled by air- From the last point identified in para- craft to warn any persons and graph (a)(2) of this section, latitude watercraft found in the vicinity that 30°23′50.06″ N, longitude 081°23′28.26″ W, such practice is about to take place. proceed to a point at latitude The warning will be by ‘‘buzzing,’’ (i.e., 30°23′49.12″ N, longitude 81°23′28.10″ W, by flying low over the person or then the line meanders irregularly, fol- watercraft.) Any person or watercraft low the shoreline at a distance of 380 shall, upon being so warned, imme- feet seaward from the mean high water diately leave the area designated and line to a point at latitude 30°22′54.37″ N, shall remain outside the area until longitude 081°23′44.09″ W, thence pro- practice has ceased. ceed directly to shore to terminate at (3) The regulations in this section latitude 30°22′54.46″ N, longitude shall be enforced by the Commanding 081°23′48.44″ W. Officer, 2d Bombardment Wing, Hunter (4) Sherman Creek restricted area. This Air Force Base, Savannah, Georgia, restricted area shall encompass all and such agencies as he may designate. navigable waters of the United States, as defined at 33 CFR part 329, to in- [16 FR 818, Jan. 30, 1951, as amended at 16 FR clude Sherman Creek, its tributaries 2397, Mar. 14, 1951. Redesignated at 50 FR 42696, Oct. 22, 1985, as amended at 62 FR 17554, and associated tidal marshes located Apr. 10, 1997] within the NAVSTA Mayport area boundaries described in this section. § 334.500 St. Johns River, Atlantic The restricted area is completely en- Ocean, Sherman Creek; restricted circled by roadways and is bordered on areas and danger zone, Naval Sta- the south by Wonderwood Expressway, tion Mayport, Florida. on the west by SR A1A, on the north by (a) The areas. (1) The St. Johns River Perimeter Road, and on the east by restricted area and the Atlantic Ocean Mayport Road.

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(5) Danger zone. The danger zone shall addition, a floating Small Craft Intru- encompass all navigable waters of the sion Barrier will be placed across Sher- United States, as defined at 33 CFR man Creek just east of the A1A bridge part 329, within the area bounded by a and another will be placed across tribu- line connecting the following coordi- taries to Sherman Creek just north of nates: Commencing from the shoreline the Wonderwood Expressway. at latitude 30°24′00.31″ N, longitude (4) Danger zone. During periods of 081°25′06.02″ W; thence to latitude munitions movement at wharves Bravo 30°24′11.16″ N, longitude 081°25′03.90″ W; and Charlie, no person or vessel shall thence to latitude 30°24′00.62″ N, lon- be allowed to remain within the 1,250- gitude 081°24′10.13″ W; thence to a point foot Explosive Safety Quantity-Dis- on the shoreline riprap at latitude tance arcs generated by the activity. 30°23′41.26″ N, longitude 081°24′08.82″ W. NAVSTA Mayport will not announce or (b) The regulations—(1) St. Johns River publish notification prior to enforcing restricted area. All persons, vessels, or this regulation due to the unacceptable other craft are prohibited from enter- security threat posed by advance pub- ing, transiting, drifting, dredging, or lic notice of military munitions move- anchoring within the area described in ments. paragraph (a)(2) of this section without (c) Enforcement. The regulations in the permission of the Commanding Of- this section shall be enforced by the ficer, NAVSTA Mayport or his/her au- Commanding Officer, NAVSTA thorized representative. This restric- Mayport and/or such persons or agen- tion will be in place 24 hours a day, cies as he/she may designate. Military seven days a week. Warning signs noti- vessels will patrol the areas identified fying individuals of the restricted area in this section 24 hours a day, 7 days a boundary and prohibiting entry into week. Any person or vessel encroaching the area will be posted at 500-foot in- within the areas identified in this sec- tervals along the property boundary. tion will be asked to immediately leave (2) Atlantic Ocean restricted area. All the area. Failure to do so will result in persons, vessels, or other craft are pro- the forceful removal of the person or hibited from entering, transiting, drift- vessel from the area in question. ing, dredging, or anchoring within the area described in paragraph (a)(3) of [75 FR 19885, Apr. 16, 2010] this section without the permission of the Commanding Officer, NAVSTA § 334.510 U.S. Navy Fuel Depot Pier, St. Johns River, Jacksonville, Fla.; Mayport or his/her authorized rep- restricted area. resentative. This restriction will be in place 24 hours a day, seven days a (a) The area is described as: week. Warning signs notifying individ- (1) A line running at 238.5° true and uals of the restricted area boundary paralleling the pier at 100 feet is ex- and prohibiting entry into the area will tended from the eastern edge of the be posted at 500-foot intervals along mooring platform #59 to the western the property boundary. edge of platform #65. From these points (3) Sherman Creek restricted area. All the boundaries are extended to the persons, vessels, or other craft are pro- shoreline along lines running at 328.5°. hibited from entering, transiting, drift- (2) The easterly waterward coordi- ing, dredging, or anchoring within the nate being: area described in paragraph (a)(4) of 30°23′58.0″ N 81°37′15.0″ W this section without the permission of the Commanding Officer, NAVSTA (3) The westerly waterward coordi- Mayport or his/her authorized rep- nate being: resentative. This restriction will be in 30°23′53.0″ N 81°37′24.4″ W place 24 hours a day, seven days a week. Warning signs notifying individ- (b) The regulations. (1) The use of uals of the restricted area boundary waters as previously described by pri- and prohibiting entry into the area will vate and/or commercial floating craft be posted at 500-foot intervals along or persons is prohibited with the excep- the property boundary where prac- tion of vessels or persons that have ticable (e.g., not in the wetlands). In been specifically authorized to do so by

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the Officer in Charge of the Navy Fuel from the mean high water line to a Depot. point at latitude 30°23′26.34″ N, lon- (2) This regulation shall be enforced gitude 81°31′49.73″ W, thence proceed by the Officer in Charge, U.S. Navy north to terminate at a point on the Fuel Depot, Jacksonville, Florida, and shoreline at latitude 30°23′29.34″ N, lon- such agencies as the officer in charge gitude 81°31′49.79″ W. may designate. (b) The regulations. (1) With the ex- ception of local, State and federal law [44 FR 12192, Mar. 6, 1979, as amended at 45 enforcement entities, all persons, ves- FR 27755, Apr. 24, 1980. Redesignated at 50 FR 42696, Oct. 22, 1985, as amended at 62 FR 17554, sels, and other craft are prohibited Apr. 10, 1997] from entering, transiting, anchoring, or drifting within the areas described § 334.515 Blount Island Command and in paragraph (a) of this section for any Marine Corps Support Facility– reason without the permission of the Blount Island; Jacksonville, Florida Commanding Officer, Marine Corps restricted areas. Support Facility–Blount Island, Jack- (a) The areas. (1) The restricted areas sonville, Florida, or his/her authorized shall encompass all navigable waters of representative. the United States, as defined at 33 CFR (2) The restriction noted in para- 329, contiguous to the area identified as graph (b)(1) of this section is in effect Blount Island Command and Marine 24 hours a day, 7 days a week. Corps Support Facility–Blount Island (3) Warning signs will be posted near (MCSF–BI). The three areas are contig- the MCSF–BI shoreline advising boat- uous but each area is described sepa- ers of the restrictions in this section. rately below for clarification. (c) Enforcement. (1) The regulations in (2) Area 1. Commencing from the this section shall be enforced by the shoreline at the northwest portion of Commanding Officer, Marine Corps the facility, at latitude 30°24′46.10″ N, Support Facility–Blount Island, Jack- longitude 81°32′19.01″ W, thence proceed sonville, Florida, and/or such persons 200 yards in a northwesterly direction or agencies as he/she may designate. to latitude 30°24′49.84″ N, longitude (2) Enforcement of the regulations in 81°32′23.12″ W. From this point the line this section will be accomplished uti- meanders irregularly, following the lizing the Department of Defense Force shoreline at a distance of 200 yards Protection Condition (FPCON) System. from the mean high water line to a From the lowest security level to the point at latitude 30°23′36.75″ N, lon- highest, Force Protection Conditions gitude 81°30′26.42″ W, thence southwest- levels are titled Normal, Alpha, Bravo, erly to a point at latitude 30°23′34.44″ N, Charlie and Delta. The regulations in longitude 81°30′28.80″ W, thence west this section will be enforced as noted in southwesterly to a point at latitude paragraph (b) of this section, or at the 30°23′33.68″ N, longitude 81°30′32.61″ W. discretion of the Commanding Officer. (3) Area 2. This includes all waters [73 FR 54073, Sept. 18, 2008] within the area generally identified as the U.S. Marine Corps Slipway but § 334.520 Lake George, Fla.; naval which is also known as the Back River bombing area. area and the waters out to a distance (a) The danger zone. An area in the of 100 yards from the entranceway. eastern part of Lake George described From the last point identified in para- as follows: Beginning at latitude graph (a)(2) of this section, latitude 29°13′16″, longitude 81°34′28″; thence 30°23′33.68″ N, longitude 81°30′32.61″ W, along a line parallel to the navigation proceed west southwesterly to a point channel to latitude 29°20′05″, longitude at latitude 30°23′30.93″ N, longitude 81°36′15″; thence along a line about 81°30′57.14″ W. three-fifths mile southerly from the (4) Area 3. From the last point identi- Putnam-Volusia County line to lati- fied in paragraph (a)(3) of this section, tude 29°20′19″, longitude 81°35′12″; thence latitude 30°23′30.93″ N, longitude to latitude 29°18′36″, longitude 81°33′53″; 81°30′57.14″ W, the line meanders irregu- thence to latitude 29°13′22″, longitude larly in a westerly direction, following 81°32′38″; and thence to the point of be- the shoreline at a distance of 100 yards ginning. The area will be marked by

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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 ‘‘zooming’’ a safe distance to the side scribed in paragraph (a) of this section and at least 500 feet above the surface. will be closed when it is deemed nec- Upon being so warned, such persons essary by the Director, KSC or his/her and vessels shall leave the danger zone designee during launch operations or to immediately and shall not re-enter the address any perceived threat to the fa- danger zone until bombing operations cilities. With the exception of local, have ceased. State, and Federal law enforcement en- (3) At intervals of not more than tities, all persons, vessels, and other three months, public notices will be craft are prohibited from entering, issued that bombing operations are transiting, anchoring, or drifting with- continuing. Such notices will appear in in the restricted area when it is closed, the local newspaper and in ‘‘Notice to unless they have the permission of the Mariners’’. Director, KSC or his/her designee. (4) The regulations in this section (2) Due to the nature of this re- shall not deny passage through Lake stricted area, closures may occur with George by regular cargo-carrying ves- little advance notice. Closure of the sels proceeding along established lanes area shall be noticed by warning state- for such vessels. When any such vessel ments displayed on the electronic mar- is within the danger zone the officer in quee signs located at the gates of the charge of the bombing operations will KSC and on an electronic marquee sign cause the cessation or postponement of located on the north side of the Port such operations until the vessel has cleared the area. The vessel shall pro- Canaveral ship channel between the ceed on its normal course and shall not Trident and Poseidon wharfs during delay its progress. the duration of the closure. If time per- (5) The regulations in this section mits, additional information will be shall be enforced by the Commander, published in area newspapers and an- Naval Air Bases, Sixth Naval District, nounced on marine radio broadcast. Naval Air Station, Jacksonville, Flor- (c) Enforcement. The regulations in ida, and such agencies as he may des- this section shall be enforced by the ignate. Director, KSC and/or such persons or [16 FR 10992, Oct. 30, 1951. Redesignated at 50 agencies as he/she may designate. FR 42696, Oct. 22, 1985, as amended at 62 FR [75 FR 34643, June 18, 2010] 17554, Apr. 10, 1997] § 334.530 Canaveral Harbor adjacent § 334.525 Atlantic Ocean off John F. to the Navy pier at Port Canaveral, Kennedy Space Center, FL; re- Fla.; restricted area. stricted area. (a) The area. The restricted area shall (a) The area. The waters of Canaveral encompass all navigable waters of the Harbor within a line circumscribing United States, as defined at 33 CFR the water approaches to the Navy pier part 329, contiguous to the area off- along the northeasterly edge of the Ca- shore of the John F. Kennedy Space naveral Harbor turning basin at a dis- Center (KSC), Florida. The area is tance of 200 feet from all portions of bounded by a line connecting the fol- the pier including the dolphins 200 feet lowing coordinates: Commencing from off the northwest end and 75 feet off the shoreline at the southwest portion the southeast end of the pier.

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(b) The regulations. (1) All unauthor- sons, vessels, and other craft are pro- ized vessels and personnel are prohib- hibited from entering, transiting, an- ited from the area during specified pe- choring, or drifting within the re- riods. stricted area when it is closed without (2) The area will be closed when a red the permission of the Commander, 45th square flag (bravo), and depending on Space Wing or his/her designee. the status of the hazardous operation, (2) Due to the nature of this re- either an amber or red beacon, steady stricted area, closures may occur with burning or rotating, day or night, when very little advance notice. Closure of displayed from any of the three berths the area shall be noticed by the display along the wharf. of a red beacon located at the southern (3) Lighted signs indicating the re- entrance to Cape Canaveral Air Force stricted area will be placed on the pier Station. Information will be provided and adjacent thereto. via marine radio broadcast during the (4) The regulations in this section duration of the area closure. shall be enforced by the Commanding (c) Enforcement. The regulations in Officer, U.S. Naval Ordnance Test Unit, this section shall be enforced by the AFMTC, Patrick Air Force Base, Flor- Commander, 45th Space Wing, Patrick ida. Air Force Base, Florida and/or such persons or agencies as he/she may des- [25 FR 12244, Nov. 30, 1960. Redesignated at 50 ignate. FR 42696, Oct. 22, 1985, as amended at 61 FR 34733, July 3, 1996] [74 FR 36401, July 23, 2009]

§ 334.540 Banana River at the Eastern § 334.560 Banana River at Patrick Air Range, 45th Space Wing, Cape Ca- Force Base, Fla.; restricted area. naveral Air Force Station, FL; re- (a) The area. The waters within an stricted area. area beginning at a point located at (a) The area. The restricted area shall latitude 28°16′19″ N., longitude 80°36′28″ encompass all navigable waters of the W.; proceed west to latitude 28°16′19″ N., United States, as defined at 33 CFR longitude 80°36′35″ W.; thence, south- part 329, within the Banana River con- westerly to latitude 28°14′34″ N., lon- tiguous to the area offshore of Cape Ca- gitude 80°37′08″ W.; thence, southerly to naveral Air Force Station, Florida. The latitude 28°12′44″ N., longitude 80°37′18″ area is bounded by a line connecting W.; thence, east to latitude 28°12′44″ N., the following coordinates: Commencing longitude 80°37′11″ W. This encompasses from the shoreline at the southeast an area reaching from the northern ex- portion of the area, at approximately tent described to the southern extent latitude 28°25.17′ N, longitude 80°36.24′ described and extending from the mean W, thence directly to latitude 28°25.18′ high water line waterward a minimum N, longitude 80°36.65′ W, thence directly distance of approximately 600 feet. to latitude 28°25.25′ N, longitude (b) The regulations. (1) All unauthor- 80°36.66′ W, thence directly to latitude ized persons and watercraft shall stay 28°25.22′ N, longitude 80°38.36′ W, thence clear of the area at all times. directly to latitude 28°26.23′ N, lon- (2) The regulations in this section gitude 80°38.25′ W, thence directly to shall be enforced by the Commander, latitude 28°26.23′ N, longitude 80°38.47′ 45th Space Wing, Patrick Air Force W, thence to reach the south side of Base, Florida, and such agencies as he/ the Kennedy Space Center NASA she may designate. Causeway East Roadway at approxi- [29 FR 3702, Mar. 25, 1964. Redesignated at 50 mately latitude 28°30.74′ N, longitude FR 42696, Oct. 22, 1985, and amended at 58 FR 80°36.63′ W. 37609, July 12, 1993; 62 FR 17554, Apr. 10, 1997; (b) The regulation. (1) The area de- 70 FR 67371, Nov. 7, 2005] scribed in paragraph (a) of this section will be closed when it is deemed nec- § 334.570 Banana River near Orsino, essary by the Commander, 45th Space Fla.; restricted area. Wing or his/her designee to address any (a) The area. That part of Banana perceived threat to the local area. With River N of the NASA Banana River the exception of local, State, and Fed- Causeway near Orsino and extending eral law enforcement entities, all per- above the head of said river to the N

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and westerly to Kennedy Parkway (2) Warning signals will be used to North. warn persons and vessels that the dan- (b) The regulations. (1) All unauthor- ger zone is active. These signals will be ized craft and personnel shall stay in the form of a large red ball and a red clear of the area at all times. flashing high intensity beacon. One sig- (2) The regulations in this section nal will be located on a 90-foot pole shall be enforced by the Director, John near the shoreline at the north end of F. Kennedy Space Center, NASA, Cocoa the danger zone, and one signal will be Beach, Fla. located on a 90-foot pole near the [30 FR 8831, July 14, 1965. Redesignated at 50 shoreline about one-half mile north of FR 42696, Oct. 22, 1985] the south limit of the danger zone. An amber rotating beacon and warning § 334.580 Atlantic Ocean near Port Ev- sign will be erected on the north side of erglades, Fla. the Port Canaveral ship channel to in- (a) The area. Beginning at a point lo- dicate to vessels about to leave the cated at latitude 26°05′30″ N.—longitude harbor that the danger zone is in use. 80°03′30″ W.; proceed west to latitude (3) When the signals in paragraph 26°05′30″ N.—longitude 80°06′30″ W.; (b)(2) of this section are displayed, all Thence, southerly to latitude 26°03′00″ persons and vessels, except those au- N.—longitude 80°06′42″ W.; Thence, east thorized personnel and patrol vessels, to latitude 26°03′00″ N.—longitude will immediately leave the danger zone 80°05′44″ W.; Thence, south to latitude by the most direct route and stay out 26°01′36″ N.—longitude 80°05′44″ W.; until the signals are discontinued. ° ′ ″ Thence, east to latitude 26 01 36 N.— (4) The regulations in this paragraph ° ′ ″ longitude 80 03 30 W.; Thence, north to shall be enforced by the Commander, the point of beginning. Air Force Missile Test Center, Patrick (b) The regulations. (1) Anchoring, Air Force Base, Fla., and such agencies trawling, dredging, or attaching any as he may designate. object to the submerged sea bottom shall be prohibited in the above de- [22 FR 4814, July 9, 1957, as amended at 23 FR scribed area. 3716, May 29, 1958; 27 FR 4778, May 19, 1962. (2) The regulations of this section Redesignated at 50 FR 42696, Oct. 22, 1985, as shall be enforced by the Facility Direc- amended at 62 FR 17554, Apr. 10, 1997] tor, Naval Surface Warfare Center, De- tachment Dania, Florida, and such § 334.595 Atlantic Ocean off Cape Ca- naveral; 45th Space Wing, Cape Ca- agencies as he/she may designate. naveral Air Force Station, FL; re- [51 FR 1370, Jan. 13, 1986, as amended at 70 stricted area. FR 67371, Nov. 7, 2005] (a) The area. The restricted area shall § 334.590 Atlantic Ocean off Cape Ca- encompass all navigable waters of the naveral, Fla.; Air Force missile test- United States, as defined at 33 CFR ing area, Patrick Air Force Base, part 329, contiguous to the area off- Fla. shore of Cape Canaveral Air Force Sta- (a) The danger zone. An area in the tion, Florida. The area is bounded by a Atlantic Ocean immediately offshore line connecting the following coordi- from Cape Canaveral defined by a line nates: Commencing from the shoreline 3 nautical miles from shore, said area at the northwest portion of the area, at terminating in the north at a line on a latitude 28°35.008′ N, longitude 80°34.448′ bearing of 70° from a point on shore at W, thence directly to latitude 28°35.716′ approximate latitude 28°35′ north and N, longitude 80°32.938′ W, thence fol- in the south at a line on a bearing of lowing the mean high water line at a 115° from a point on the shore at ap- distance of 1.5 nautical miles offshore proximate latitude 28°25′ north. proceed southerly to a point at latitude (b) The regulations. (1) All unauthor- 28°24.187′ N, longitude 80°33.443′ W, ized persons and vessels are prohibited thence proceeding westerly to termi- from operating within the danger zone nate at a point on the shoreline at lati- during firing periods to be specified by tude 28°24.69′ N, longitude 80°35.05′ W. the Commander, Air Force Missile Test (b) The regulation. (1) The area de- Center, Patrick Air Force Base. scribed in paragraph (a) of this section

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will be closed when it is deemed nec- Base, Florida, or such agencies he may essary by the Commander, 45th Space designate. Wing or his/her designee to address any [41 FR 17898, Apr. 29, 1976. Redesignated at 50 perceived threat to the local area. With FR 42696, Oct. 22, 1985, as amended at 62 FR the exception of local, State, and Fed- 17554, Apr. 10, 1997] eral law enforcement entities, all per- sons, vessels, and other craft are pro- § 334.610 Key West Harbor, at U.S. hibited from entering, transiting, an- Naval Base, Key West, Fla.; naval restricted areas and danger zone. choring, or drifting within the re- stricted area when it is closed without (a) The areas. (1) All waters within 100 the permission of the Commander, 45th yards of the south shoreline of the Space Wing or his/her designee. Harry S. Truman Annex, beginning at (2) Due to the nature of this re- a point on the shore at Latitude 24°32′45.3″ N., Longitude 81°47′51″ W.; stricted area, closures may occur with thence to a point 100 yards due south of very little advance notice. Closure of the south end of Whitehead Street of the area shall be noticed by the display Latitude 24°32′42.3″ N., Longitude of a red ball and red beacon from a 90- 81°47′51″ W.; thence extending westerly, foot pole near the shoreline at approxi- paralleling the southerly shoreline of ° ′ mately latitude 28 35.0 N, longitude the Harry S. Truman Annex, to Lati- ° ′ 80 34.8 W and from a 90-foot pole near tude 24°32′37.6″ N., Longitude 81°48′32″ the shoreline at approximately latitude W., thence northerly to the shore at ° ′ ° ′ 28 25.3 N, longitude 80 35.0 W. Informa- Latitude 24°32′41″ N., Longitude 81°48′31″ tion will be provided via marine radio W. (Area #1). broadcast and a warning statement dis- (2) All waters within 100 yards of the played on an electronic marquee sign westerly shoreline of the Harry S. Tru- located on the north side of the Port man Annex and all waters within a por- Canaveral ship channel between the tion of the Truman Annex Harbor, as Trident and Poseidon Wharf during the defined by a line beginning on the duration of the area closure. shore at Latitude 24°33′00″ N., Lon- (c) Enforcement. The regulations in gitude 81°48′41.7″ W.; thence to a point this section shall be enforced by the 100 yards due west at Latitude 24°33′00″ Commander, 45th Space Wing, Patrick N., Longitude 81°48′45″ W.; thence Air Force Base, Florida and/or such northerly, paralleling the westerly persons or agencies as he/she may des- shoreline of the Harry S. Truman ignate. Annex, including a portion of the Tru- man Annex Harbor entrance, to Lati- [74 FR 36401, July 23, 2009; 74 FR 58849, Nov. tude 24°33′23″ N., Longitude 81°48′37″ W.; 16, 2009] thence southeasterly to the shore (sea wall) at Latitude 24°33′19.3″ N., Lon- § 334.600 TRIDENT Basin adjacent to ° ′ ″ Canaveral Harbor at Cape Canav- gitude 81 48 28.7 W. (Area #2). eral Air Force Station, Brevard (3) All waters within 100 yards of the County, Fla.; danger zone. U.S. Coast Guard Station and the west- erly end of Trumbo Point Annex begin- (a) The danger zone. From the west ning at the shore at Latitude 24°33′47.6″ side of the access channel at latitude N., Longitude 81°47′55.6″ W.; thence ° ′ ″ ° ′ ″ 28 24 37 , longitude 80 35 35 to the east westerly to Latitude 24°33′48″ N., Lon- side of the access channel at latitude gitude 81°48′00.9″ W.; thence due south ° ′ ″ ° ′ ″ 28 24 37 , longitude 80 35 26 and the en- to Latitude 24°33′45.8″ N., Longitude tire basin. 81°48′00.9″ W.; thence westerly to Lati- (b) Regulations. (1) No unauthorized tude 24°33′47″ N., Longitude 81°48′12″ W.; person or vessel shall enter the area. thence northerly to Latitude 24°34′06.2″ The area will be used for loading and N., Longitude 81°48′10″ W.; thence eas- unloading explosives. The entrance to terly to a point joining the restricted the basin will be marked by suitable area around Fleming Key at Latitude boundary signs. 24°34′03.3″ N., Longitude 81°47′55″ W. (2) The regulations will be enforced (Area #3). by the Commanding Officer, Naval Ord- (4) Beginning at the last point des- nance Test Unit, Patrick Air Force ignated in area 3 at Latitude 24°34.0550′

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

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(4) Vessels using the restricted chan- (ii) A circular area located directly nel areas described in paragraph (b)(2) west of Marquesas Keys with a radius (i), (ii), (iii), and (iv) of this section of three statute miles having its center shall proceed at speeds commensurate at latitude 24°35.6′ and longitude with minimum wake. 82°11.6′, not to include land area within (c) The regulations in this section Marquesas Keys. The targets located shall be enforced by the Commanding within this area, pile-mounted plat- Officer, Naval Air Station, Key West, forms, will be used as high altitude Florida, and such agencies as he/she horizontal bombing range utilizing live may designate. ordnance up to and including 1,800 pounds of high explosives. In general, [54 FR 7033, Feb. 16, 1989, as amended at 59 these explosives will be of an air-burst FR 48802, Sept. 23, 1994; 62 FR 17554, Apr. 10, 1997; 70 FR 67371, Nov. 7, 2005; 72 FR 44973, type, above 1,500 feet. Aug. 10, 2007] (iii) A circular area located west of Marquesas Keys with a radius of two § 334.620 Straits of Florida and Florida nautical miles having its center at Bay in vicinity of Key West, Fla.; latitude 24°34′30″ and longitude 82°14′00″. operational training area, aerial (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

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dangerous to watercraft will not be § 334.635 Hillsborough Bay and waters conducted without first ascertaining contiguous to MacDill Air Force that the zone of operations is clear. Base, Fla.; restricted area. Any vessel in the zone of operations (a) The area. The restricted area shall will be warned to leave and upon being encompass all navigable waters of the so warned the vessel shall leave imme- United States, as defined at 33 CFR 329, diately. within the following boundaries. Com- (5) The regulations in this section mencing from the shoreline at the shall be enforced by the Commandant, northeast portion of the base at lati- ° ′ ″ Sixth Naval District, Charleston, S.C., tude 27 51 52.901 N., longitude ° ′ ″ and such agencies as he may designate. 82 29 18.329 W., thence directly to lati- tude 27°52′00.672″ N., longitude [26 FR 11197, Nov. 28, 1961, as amended at 27 82°28′51.196″ W., thence directly to lati- FR 2508, Mar. 16, 1962; 31 FR 13129, Oct. 11, tude 27°51′28.859″ N., longitude 1966. Redesignated at 50 FR 42696, Oct. 22, 82°28′10.412″ W., thence directly to lati- 1985] tude 27°51′01.067″ N., longitude 82°27′45.355″ W., thence directly to lati- § 334.630 Tampa Bay south of MacDill tude 27°50′43.248″ N., longitude Air Force Base, Fla.; small-arms fir- 82°27′36.491″ W., thence directly to lati- ing range and aircraft jettison, U.S. tude 27°50′19.817″ N., longitude Air Force, MacDill Air Force Base. 82°27′35.466″ W., thence directly to lati- (a) The danger zone. Shoreward of a tude 27°49′38.865″ N., longitude line beginning at latitude 27°49′27.38″, 82°27′43.642″ W., thence directly to lati- longitude 82°29′35.83″; thence to latitude tude 27°49′20.204″ N., longitude 27°49′20.14″, longitude 82°29′42.78″; thence 82°27′47.517″ W., thence directly to lati- to latitude 27°48′44.82″, longitude tude 27°49′06.112″ N., longitude 82°31′10.0″; thence to latitude 82°27′52.750″ W., thence directly to lati- 27°49′09.35″, longitude 82°32′24.56″; thence tude 27°48′52.791″ N., longitude to latitude 27°49′38.62″, longitude 82°28′05.943″ W., thence directly to lati- 82°33′02.44″; and thence to a point on the tude 27°48′45.406″ N., longitude shore line of MacDill Air Force Base at 82°28′32.309″ W., thence directly to lati- ° ′ ″ latitude 27°50′28.57″, longitude tude 27 48 52.162 N., longitude ° ′ ″ 82°32′15.0″. The area will be marked by 82 29 26.672 W., thence directly to lati- ° ′ ″ suitable boundary signs or buoys. tude 27 49 03.600 N., longitude 82°30′23.629″ W., thence directly to lati- (b) The regulations. (1) All persons, tude 27°48′44.820″ N., longitude vessels and other watercraft are pro- 82°31′10.000″ W., thence directly to lati- hibited from entering the danger zone tude 27°49′09.350″ N., longitude at all times. 82°32′24.556″ W., thence directly to lati- (2) Advance notice will be given of tude 27°49′38.620″ N., longitude the date on which the first firing prac- 82°33′02.444″ W., thence directly to lati- tice shall begin. At intervals of not tude 27°49′56.963″ N., longitude more than three months thereafter, no- 82°32′45.023″ W., thence directly to lati- tice will be sent out that firing prac- tude 27°50′05.447″ N., longitude tice is continuing. Such notices will 82°32′48.734″ W., thence directly to lati- appear in local newspapers and in ‘‘No- tude 27°50′33.715″ N., longitude tice to Mariners.’’ 82°32′45.220″ W., thence directly to a (3) The regulations in the section point on the western shore of the base shall be enforced by the proper Air at latitude 27°50′42.836″ N., longitude Force Authority at MacDill Air Force 82°32′10.972″ W. The restricted area will Base. encompass an existing Danger Zone (§ 334.630). [13 FR 9559, Dec. 31, 1948. Redesignated at 14 (b) The regulations. (1) All persons, FR 4904, August 9, 1949, and amended at 30 vessels, and other craft are prohibited FR 884, Jan. 28, 1965. Redesignated at 50 FR from entering, transiting, anchoring, 42696, Oct. 22, 1985, as amended at 62 FR 17554, or drifting within the area described in Apr. 10, 1997] paragraph (a) of this section for any reason without the permission of the Commander, MacDill Air Force Base,

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Florida, or his/her authorized rep- (3) Any such person or watercraft resentative. shall, upon being so warned, imme- (2) The restriction noted in para- diately leave the area, and until the graph (b)(1) of this section is in effect conclusion of the firing shall remain at 24 hours a day, 7 days a week. such a distance that they will be safe (c) Enforcement. The regulations in from the fallout resulting from such this section shall be enforced by the rocket firing. Commander, MacDill Air Force Base, (4) The regulations in this section Florida, and/or such persons or agen- shall not deny access to or egress from cies as he/she may designate. harbors contiguous to the danger zone in the case of regular passenger or [70 FR 67371, Nov. 7, 1005] cargo carrying vessels proceeding to or from such harbors. In the case of the § 334.640 Gulf of Mexico south of presence of any such vessel in the dan- Apalachee Bay, Fla.; Air Force rock- ger zone the officer in charge shall et firing range. cause the cessation or postponement of (a) The danger zone. An area about 45 fire until the vessel shall have cleared statute miles wide and 60 statute miles that part of the area in which it might long, approximately parallel to and be endangered by the fallout. The ves- about 30 miles off the west coast of sel shall proceed on its normal course Florida, south of Apalachee Bay. The and shall not delay its progress unnec- area is bounded as follows: Beginning essarily. Masters are requested to at latitude 29°42′30″, longitude 84°40′00″; avoid the danger zone whenever pos- thence east along latitude 29°42′30″ to sible so that interference with firing longitude 84°00′00″; thence southeast to training may be minimized. latitude 28°56′00″, longitude 83°31′00″; (c) The regulations in this section thence southwest to latitude 28°37′00″, shall be enforced by the Commander, longitude 84°11′00″; thence northwest to Moody Air Force Base, Valdosta, Geor- latitude 29°17′30″, longitude 84°40′00″; gia, and such agencies as he may des- thence northwest to latitude 29°32′00″, ignate. ° ′ ″ longitude 85 00 00 ; thence northeast [21 FR 2944, May 3, 1956, as amended at 22 FR along a line three miles off the 3755, May 29, 1957. Redesignated at 50 FR meanderings of the shore to the point 42696, Oct. 22, 1985, as amended at 62 FR 17554, of beginning. Apr. 10, 1997] (b) The regulations. (1) The fact that aerial rocket firing will be conducted § 334.650 Gulf of Mexico, south of St. over the danger zone will be advertised George Island, Fla.; test firing range. to the public through the usual media 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 Latitude Longitude throughout the year without regard to season, such advertising of firing will NW corner— ..... 29°35′15″ 85°03′12″ SW corner— ..... 29°31′18″ 85°07′31″ be repeated at intervals not exceeding SE corner— ...... 29°30′18″ 84°59′18″ three months and at more frequent in- NE corner— ...... 29°35′09″ 85°01′53″ tervals when in the opinion of the en- forcing agency, repetition is necessary The seaward end of the area is an arc in the interest of public safety. with a 10,500 meter radius with its cen- (2) Prior to the conduct of rocket fir- ter located on the south shore line of ing, the area will be patrolled by sur- St. George Island 1,500 feet east of Cape face patrol boat and/or patrol aircraft St. George Light. to insure that no persons or watercraft (b) The regulations. (1) The area shall are within the danger zone and to warn be used from sunrise to sunset daily any such persons or watercraft seen in Mondays through Fridays for test fir- the vicinity that rocket firing is about ing helicopter armament. to take place in the area. When aircraft (2) During firing, the entire area plus is used to patrol the area, low flight of 5 miles beyond in all directions shall be the aircraft across the bow will be used kept under surveillance by one control as a signal or warning. helicopter equipped with FM and UHF

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communications to the Safety Office at gitude 84°39′00″; thence southwesterly range control to insure cease fire if an to latitude 28°39′00″, longitude 84°49′00″; aircraft or surface vessel is observed thence northwesterly to latitude approaching the area. 29°43′00″, longitude 85°53′00″; thence (3) The regulations in this section northeasterly to latitude 29°56′30″, lon- shall be enforced by the Commanding gitude 85°38′30″; and thence southeast- Officer, U.S. Army Aviation Test erly to the point of beginning. Board, Fort Rucker, Ala., and such (b) The regulations. (1) Air-to-air fir- agencies as he may designate. ing practice will ordinarily take place in the area during the hours of day- [33 FR 4464, Mar. 13, 1968, as amended at 36 FR 15528, Aug. 17, 1971. Redesignated at 50 FR light, seven days per week. During pe- 42696, Oct. 22, 1985] riods of firing, passage through the area will not be denied to cargo-car- § 334.660 Gulf of Mexico and Apalachi- rying or passenger-carrying vessels or cola Bay south of Apalachicola, Fla., tows proceeding on established routes. Drone Recovery Area, Tyndall Air In case any such vessel is within the Force Base, Fla. danger area, the officer in charge of fir- (a) The restricted area. A rectangular ing practice operations will cause the area excluding St. George Island with cessation or postponement of fire until the eastern boundary of the area west the vessel has cleared that part of the 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

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85°37′15″; thence to a point on shore at scribed as follows: Beginning at a point latitude 30°04′13″, longitude 85°36′47″; on the west shore at latitude 30°28′30″, thence along the shoreline to the point longitude 86°30′00″; thence southeast- of beginning. erly to latitude 30°25′30″, longitude (2) Area No. 2. The waters of the Gulf 86°21′30″; thence southwesterly to a of Mexico and St. Andrew Sound within point on the south shore at latitude an area described as follows, but ex- 30°23′30″, longitude 86°23′00″; thence cluding Crooked Island: Beginning at a northwesterly to a point on the south point on shore at latitude 30°02′56″, lon- shore at latitude 30°24′00″, longitude gitude 85°34′35″; thence to latitude 86°25′00″; and thence northwesterly to 30°02′18″, longitude 85°36′18″; thence to the point of beginning; excluding that latitude 30°01′24″, longitude 85°35′40″; part of the area included within the thence to latitude 30°00′45″, longitude aerial gunnery range along the north 85°34′41″; thence to a point on shore at shore of Choctawhatchee Bay (de- latitude 30°02′10″, longitude 85°33′42″; scribed in paragraph (a)(2) of this sec- thence along the shore line to the point tion). of beginning. (2) Aerial gunnery range along north (b) The regulations. (1) No person, ves- shore of Choctawhatchee Bay. The sel or other watercraft shall enter or waters of Choctawhatchee Bay within remain in the areas during periods of an area described as follows: Beginning firing. Area No. 1 will be used for firing at a point in the waters of practice between 6:30 a.m. and 5:00 Choctawhatchee Bay at latitude p.m., as scheduled, Monday through 30°26′00″, longitude 86°25′30″; thence Friday, with possibly some sporadic north to the shore at longitude firings on Saturdays and Sundays. A 10′ 86°25′30″; thence southeasterly and × 18′ red flag will be displayed on a pole northeasterly along the shore to lon- at the shoreline whenever firing is in gitude 86°15′00″; thence south to lati- progress. tude 30°26′29″, longitude 86°15′00″; thence (2) Area No. 2 will be operated on a southwesterly to latitude 30°26′12″, lon- sporadic schedule, with firings likely gitude 86°20′35″; thence north to lati- each day including Saturdays, Sun- tude 30°26′57″, longitude 86°20′35″; thence days, and holidays, between the hours southwesterly to the point of begin- of 6:00 a.m. and 5:00 p.m. A 10′ × 18′ red ning. flag will be displayed on a pole at the (b) The regulations—(1) Aerial gunnery shore line whenever firing is in ranges. (i) The aerial gunnery range in progress. the west part of Choctawhatchee Bay (3) The regulations in this section (described in paragraph (a)(1) of this shall be enforced by the Commanding section) may be used by persons and Officer, Tyndall Air Force Base, Flor- watercraft except during periods when ida, and such agencies as he may des- firing is conducted. During these peri- ignate. ods, firing will be controlled by obser- vation posts, and persons and (Sec. 7, 40 Stat. 266, Chap. XIX, 40 Stat. 892; watercraft will be warned by patrol (33 U.S.C. 1, 3)) boats. During periods of firing, traverse [28 FR 3394, Apr. 6, 1963, as amended at 30 FR of this area shall not be denied to reg- 16267, Dec. 30, 1965; 39 FR 44752, Dec. 27, 1974. ular cargo-carrying or passenger-car- Redesignated at 50 FR 42696, Oct. 22, 1985, as rying vessels or tows proceeding on es- amended at 62 FR 17555, Apr. 10, 1997] tablished routes. In case any such ves- § 334.690 [Reserved] sel is within the area, the officer in charge of gunnery operations will § 334.700 Choctawhatchee Bay, aerial cause the cessation or postponement of gunnery ranges, Air Proving fire until the vessel has cleared that Ground Center, Air Research and part of the area within the range of the Development Command, Eglin Air weapons being used. The vessel shall Force Base, Fla. proceed on its normal course and shall (a) The danger zones—(1) Aerial gun- not delay its progress. nery range in west part of (ii) No person, vessel or other craft Choctawhatchee Bay. The waters of shall enter or remain within the aerial Choctawhatchee Bay within an area de- gunnery range along the north shore of

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Choctawhatchee Bay (described in thence southwesterly to latitude paragraph (a)(2) of this section) at any 28°40′00″, longitude 84°49′00″; thence time. southeasterly to latitude 28°10′00″, lon- (2) Enforcing Agency. The regulations gitude 84°30′00″; thence 270° true to lon- in this section shall be enforced by the gitude 86°48′00″; thence due north along Commander, Air Proving Ground Cen- longitude 86°48′00″ to the intersection ter, Eglin AFB, and such agencies as he of the line with a circle of five nautical may designate. miles radius centered on USC&GS Sta- [26 FR 11197, Nov. 28, 1961. Redesignated at 50 tion Tuck 3, at latitude 30°23′10.074″, FR 42696, Oct. 22, 1985, as amended at 62 FR longitude 86°48′25.433″, thence north- 17555, Apr. 10, 1997] easterly along the arc of the circle to § 334.710 The Narrows and Gulf of the point of beginning. Mexico adjacent to Santa Rosa Is- (b) The regulations. (1) The area will land, Air Force Proving Ground be used intermittently during daylight Command, Eglin Air Force Base, hours for a week or 10 days at a time. Fla. Firing will take place once or twice a (a) The restricted area. The waters of day for periods ordinarily of not more The Narrows and the Gulf of Mexico than one hour. Advance notice of such easterly of the periphery of a circular firings will be published in local news- area 5 nautical miles in radius, cen- papers and in such other manner as the ° ′ ″ tered at latitude 30 23 10.074 , longitude District Engineer, Corps of Engineers, ° ′ ″ 86 48 25.433 (USC&GS Station Tuck 3), Mobile, Alabama, may direct. within the segment of a circle, 3 nau- (2) During periods of firing, passage tical miles in radius, centered at lati- through the area will not be denied to tude 30°24′00″, longitude 86°41′47″. (b) The regulations. (1) The area will cargo-carrying or passenger-carrying be used intermittently during daylight vessels or tows proceeding on estab- hours. During periods of use the entry lished routes. In case any such vessel is into the area will be prohibited to all within the danger area, the officer in persons and navigation. charge of firing operations will cause (2) The regulations in this section the cessation or postponement of fire shall be enforced by the Commander, until the vessel shall have cleared the Air Force Proving Ground Command, portion of the danger area involved. Eglin Air Force Base, Florida, and such The entire area involved will be under agencies as he may designate. constant observation of both surface [23 FR 8061, Oct. 18, 1958. Redesignated at 50 patrol vessels and air patrol planes FR 42696, Oct. 22, 1985, as amended at 62 FR prior to and during periods of firing 17555, Apr. 10, 1997] and notice will be given to vessels and tows of intention to fire by buzzing low § 334.720 Gulf of Mexico, south from over the vessel, upon which signal ves- Choctawhatchee Bay; guided mis- siles test operations area, Head- sels and tows shall proceed on their es- quarters Air Proving Ground Com- tablished course promptly and clear mand, U.S. Air Force, Eglin Air the area as soon as possible. Force Base, Fla. (3) All person and vessels exclusive of (a) The danger zone. The waters of the those identified in paragraph (b)(2) of Gulf of Mexico south from this section will warned to leave the Choctawhatchee Bay within an area de- immediate danger area during firing scribed as follows: Beginning at a point periods by surface patrol craft. Upon five nautical miles southeasterly from being so warned, such persons and ves- USC&GS Station Tuck 3, at latitude sels shall clear the area immediately. 30°23′10.074″, longitude 86°48′25.433″, Such periods normally will not exceed three nautical miles offshore of Santa two hours. Rosa Island; thence easterly three nau- (4) The regulations in this section tical miles offshore and parallel to shall be enforced by the Commanding shore, to a point south of Apalachicola Officer, Air Force Proving Ground Bay, Florida, latitude 29°32′00″, lon- gitude 85°00′00″; thence southeasterly to latitude 29°17′30″, longitude 84°40′00″;

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Command, Eglin Field, Florida, and and the Gulf of Mexico to mark the such agencies as he may designate. limits of the respective areas. (5) The regulations in this section [16 FR 2723, Mar. 29, 1951, as amended at 22 FR 8982, Nov. 8, 1957. Redesignated at 50 FR shall be enforced by the Commander, 42696, Oct. 22, 1985, as amended at 62 FR 17555, Headquarters Air Proving Ground Com- Apr. 10, 1997] mand, Eglin Air Force Base, Florida, and such agencies as he may designate. § 334.730 Waters of Santa Rosa Sound and Gulf of Mexico adjacent to [22 FR 609, Jan. 30, 1957, as amended at 23 FR Santa Rosa Island, Air Force Prov- 8061, Oct. 18, 1958; 23 FR 9031, Nov. 20, 1958. ing Ground Command, Eglin Air Redesignated at 50 FR 42696, Oct. 22, 1985, as Force Base, Fla. amended at 62 FR 17555, Apr. 10, 1997; 62 FR 24034, May 2, 1997] (a) The danger zones—(1) Prohibited area. Waters of Santa Rosa Sound and § 334.740 Weekley Bayou, an arm of Gulf of Mexico within a circle one nau- Boggy Bayou, Fla., at Eglin Air tical mile in radius, centered at lati- Force Base; restricted area. ° ′ ″ ° ′ ″ tude 30 23 10.074 , longitude 86 48 25.433 (a) The area. All waters of Weekley (USC&GS Station Tuck 3). The portion Bayou west of a line drawn between of the area in Santa Rosa Sound in- latitude 30°28′57″, longitude 86°29′03″, cludes the Gulf Intracoastal Waterway and latitude 30°28′58″, longitude between miles 209.6 and 211.4 from Har- 86°29′06″, said line crossing the Bayou vey Lock, Louisiana. approximately 225 yards above its (2) Restricted area. The waters of mouth. Santa Rosa Sound and Gulf of Mexico (b) The regulations. (1) No person or surrounding the prohibited area de- vessel shall enter the area without the scribed in paragraph (a)(1) of this sec- permission of the Commander, Eglin tion, within a circle five nautical miles Air Force Base, Florida, or his author- in radius centered at latitude ized representative. 30°23′10.074″, longitude 86°48′25.433″ (2) The regulations in this section (USC&GS Station Tuck 3). The portion shall be enforced by the Commander, of the area in Santa Rosa Sound in- Eglin Air Force Base, Florida, or such cludes the Gulf Intracoastal Waterway agencies as he may designate. between miles 334.6 and 216.4 from Har- vey Lock, Louisiana. [25 FR 8379, Sept. 1, 1960. Redesignated at 30 (b) The regulations. (1) Experimental FR 6161, May 1, 1965. Redesignated at 50 FR test operations will be conducted by 42696, Oct. 22, 1985, as amended at 62 FR 17555, the U.S. Air Force within the prohib- Apr. 10, 1997] ited area on an intermittent basis. Such test operations shall not exceed § 334.750 Ben’s Lake, a tributary of Choctawhatchee Bay, Fla., at Eglin one hour, and shall not occur more Air Force Base; restricted area. than twice weekly. (2) No person, vessel or other (a) The area. All waters of Ben’s Lake watercraft shall enter the prohibited including the channel connecting it area, except to navigate the Gulf Intra- with Choctawhatchee Bay. coastal Waterway. Such vessels and (b) The regulations. (1) No person or other watercraft shall confine their vessel shall enter the area or navigate movements to the waters within the therein, without the permission of the limits of the Intracoastal Waterway Commander, Eglin Air Force Base, and shall make the passage as prompt- Florida, or his authorized representa- ly as possible under normal vessel tive. speed. (2) These regulations shall be en- (3) During periods when experimental forced by the Commander, Eglin Air test operations are underway no per- Force Base, Florida, or such agencies son, vessel or other watercraft shall as he may designate. enter or navigate the waters of the re- [28 FR 1541, Feb. 19, 1963, as amended at 30 stricted area. FR 6161, May 1, 1965. Redesignated at 50 FR (4) Warning signs will be erected on 42696, Oct. 22, 1985, as amended at 62 FR 17555, the shore lines of Santa Rosa Sound Apr. 10, 1997; 62 FR 24034, May 2, 1997]

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§ 334.760 Naval Support Activity Pan- § 334.761 Naval Support Activity Pan- ama City and Alligator Bayou, a ama City; St. Andrews Bay; re- tributary of St. Andrew Bay, Fla.; stricted areas. naval restricted area. (a) The areas—(1) Area AP–1. The area (a) The area. The waters within an is bounded by a line connecting the fol- area beginning at a point located along lowing coordinates (listed by latitude, the shore at the southern end of the fa- then longitude): Northwest point— ° ′ ″ ° ′ ″ cility designated by latitude 30°09′45.6″ 30 10 00 N, 085 44 37 W; Northeast ° ′ ″ ° ′ ″ N., longitude 85°44′20.6″ W.; thence pro- point—30 10 00 N, 085 43 17 W; South- ° ′ ″ ° ′ ″ ceed 100 feet waterward of the mean east point—30 09 51 N, 085 43 17 W; Southwest point—30°09′50″ N, 085°44′32″ high water line directly to a point at ° ′ ″ W; following mean high waterline to latitude 30 09 46.8 N., longitude ° ′ ″ ° ′ ″ ° ′ ″ 30 09 57.5 N, 085 44 37 W; then north- 85 44 20.6 W. From this position the erly to point of origin. line meanders irregularly, following (2) Area BA–1. The area is bounded by the shoreline at a minimum distance of a line directly connecting the following 100 feet from the mean high water line coordinates (listed by latitude, then to a point at latitude 30°10′16.7″ N., lon- longitude): Northwest point—30°11′14″ gitude 85°45′01.2″ W. located east of the N, 085°44′59″ W; Northeast point— south side of the entrance to Alligator 30°11′13″ N, 085°44′32″ W; Southeast Bayou; thence directly across the en- point—30°10′32″ N, 085°44′32″ W; South- trance to a point at latitude 30°10′23.4″ west point—30°10′32″ N, 085°44′59″ W, N., longitude 85°45′05.7″ W. located east then northerly to point of origin. of the north side of the entrance to Al- (3) Area BA–2. The area is bounded by ligator Bayou; thence continuing the a line directly connecting the following northerly meandering, following the coordinates (listed by latitude, then shoreline at a minimum distance of 100 longitude): Northwest point—30°11′13″ feet from the mean high water line to N, 085°44′32″ W; Northeast point— a point at latitude 30°11′11.3″ N., lon- 30°11′07″ N, 085°44′01″ W; Southeast ° ′ ″ ° ′ ″ gitude 85°45′02.8″ W.; thence directly to point—30 10 32 N, 085 44 00 W; South- ° ′ ″ ° ′ ″ the shoreline to a point at latitude west point—30 10 32 N, 085 44 32 W, 30°11′12.3″ N., longitude 85°45′03.2″ W. then northerly to point of origin. (4) Area BA–3. The area is bounded by This encompasses an area reaching a line directly connecting the following from the southern extent described to coordinates (listed by latitude, then the northern extent described and ex- longitude): Northwest point—30°10′32″ tending from the mean high water line N, 085°44′59″ W; Northeast point— waterward a minimum distance of ap- 30°10′32″ N, 085°44′09″ W; Southeast proximately 100 feet. point—30°10′00″ N, 085°44′09″ W; South- (b) The regulations. (1) No vessel, per- west point—30°10′01″ N, 085°44′41″ W, son, or other craft shall enter, transit, then northerly to point of origin. anchor, drift or otherwise navigate (5) Area BA–4. The area is bounded by within the area described in paragraph a line directly connecting the following (a) of this section for any reason with- coordinates (listed by latitude, then out written permission from the Officer longitude): Northwest point—30°10′32″ in Charge, Naval Support Activity Pan- N, 085°44′09″ W; Northeast point— ama City, Panama City Beach, Florida, 30°10′32″ N, 085°42′35″ W; Southeast or his/her authorized representative. point—30°10′00″ N, 085°42′35″ W; South- (2) The restriction noted in para- west point—30°10′00″ N, 085°44′09″ W, graph (b)(1) of this section is in effect then northerly to point of origin. 24 hours a day, 7 days a week. (6) Area BA–5. The area is bounded by (3) The regulations in this section a line directly connecting the following shall be enforced by the Officer in coordinates (listed by latitude, then ° ′ ″ Charge, Naval Support Activity Pan- longitude): North point—30 08 41 N, e ° ′ ″ ° ′ ″ ama City, Panama City Beach Florida, 085 41 25 W; East point—30 08 08 N, ° ′ ″ ° ′ ″ and such agencies as he/she may des- 085 40 48 W; South point—30 07 00 N, 085°42′29″ W; West point—30°07′31″ N, ignate. 085°43′09″ W, then northerly to point of [70 FR 67372, Nov. 7, 2005] origin.

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

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085°44′44″ W; South point—30°05′24″ N, (2) Vessels are allowed to enter and 085°47′29″ W; West point—30°07′55″ N, remain in this area provided they have 085°51′05″ W, then northerly to point of operational communication equipment origin. capable of monitoring VHF Marine fre- (b) The restrictions. (1) For the pur- quency Channel 16, (156.80 MHz). In the poses of this section, ‘‘military secu- event the Marine radio equipment is rity zones’’ are specific portion/s with- not installed on the vessel, CB equip- in any of the restricted areas identified ment with Channel 13 (27.115 MHz) will in this section that are defined by the be used as an alternate means of com- safety vessels accompanying each munications. Warnings will be broad- training exercise. The mission of the cast by the Air Force on Channel 16 safety vessels is to maximize safety (156.80 MHz) and Channel 13 (27.115 conditions for both military and civil- MHz) using the following sequence: ian personnel during exercises con- (i) Announcement 90 minutes prior to ducted within the restricted area by drone launch. intercepting any waterbased activity (ii) Announcement 60 minutes prior occurring within the active military to drone launch. security zone/s and offering naviga- (iii) Announcement of drone launch tional advice to ensure the activity re- or drone cancelled, and the expected mains clear of the exercise. time of the drone launch. Upon receipt (2) All areas identified in this section of the drone warning on either Channel have the potential to be active at any 16 (156.80 MHz) or Channel 13 (27.115 time. The normal/routine activation of MHz), vessels will take the necessary any area will be noticed to the public action to vacate the drone launch cor- via a General Local Notice to Mariners. ridor not later than 60 minutes prior to Activation of any area for significant expected drone launch. exercises and training events will be (3) Vessels are authorized direct noticed, in advance and during the movement without stopping through event, to the public via Notice to Mari- this area at any time unless warned by ners and Broadcast Notice to Mariners. helicopter or patrol boat. (c) Enforcement. The regulations in (4) The area will be patrolled by heli- this section shall be enforced by the copter/vessels during periods of haz- Commanding Officer, Naval Support ardous military activity. Verbal warn- Activity, Panama City Florida, and ings or instructions issued by these such agencies as he/she may designate. craft will be strictly adhered to. (5) The regulations in this section [73 FR 52928, Sept. 12, 2008] shall be enforced by the Commanding Officer, Tyndall Air Force Base, Flor- § 334.770 Gulf of Mexico and St. An- drew Sound, south of East Bay, Fla., ida, and such agencies as he may des- Tyndall Drone Launch Corridor, ignate. Tyndall Air Force Base, Fla.; re- (Sec. 7, 40 Stat. 266; 33 U.S.C. 1) stricted area. [40 FR 8949, Mar. 4, 1975; 40 FR 10988, Mar. 10, (a) The area. The waters of the Gulf 1975. Redesignated at 50 FR 42696, Oct. 22, of Mexico and St. Andrew Sound within 1985] an area described as follows, including Crooked Island: Beginning at a point § 334.775 Naval Air Station Pensacola, on shore at latitude 30°01′30″, longitude Pensacola Bay, Pensacola and Gulf 85°32′30″, thence to latitude 30°00′58″, Breeze, Fla.; naval restricted area. longitude 85°33′38″, thence to latitude (a) The areas. (1) Bounded by a line 29°56′38″, longitude 85°33′38″, thence to drawn in the direction of 180° T from latitude 29°55′15″, longitude 85°31′21″, the position latitude 30°20′44″ N., lon- thence to a point on shore at latitude gitude 87°17′18″ W. (near the Naval Air 30°00′58″, longitude 85°31′21″, thence Station, due south of the Officer′s northwest to the point of beginning. Club) to position latitude 30°20′09″ N., This area will be referred to as the longitude 87°17′18″ W. thence 94° T to ‘‘Tyndall Drone Launch Corridor.’’ position latitude 30°20′07″ N., longitude (b) The regulations. (1) Military usage 87°16′41″ W., thence 49° T to position of areas is Monday through Friday be- latitude 30°20′37″ N., longitude 87°16′01″ tween the hours of 7 a.m. and 5 p.m. W. (southwest end of Lexington finger

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pier), thence along the shoreline to ida, and such agencies as he/she may point of origin. designate. (2) The waters within an area en- closed by the following points: Begin- [70 FR 67372, Nov. 7, 2005] ning at latitude 30°21.58′ N., longitude ° ′ ° ′ § 334.778 Pensacola Bay and waters 87 12.49 W.; thence to latitude 30 20.25 contiguous to the Naval Air Station, N., longitude 87°11.00′ W.; thence to Pensacola, FL; restricted area. latitude 30°20.28′ N., longitude 87°14.27′ W.; thence to the point of beginning. (a) The area: Beginning at a point on This encompasses a large triangular the northerly shoreline of Grande (Big ° ′ ″ area north of Santa Rosa Island and Lagoon at Point 1, Latitude 30 19 42 N., ° ′ ″ west of the land area between Fair Longitude 87 21 06 W., proceed south- ° ′ ″ Point and Deer Point. easterly to Point 2, Latitude 30 19 27 ° ′ ″ (b) The restrictions. (1) The area de- N., Longitude 87 21 03 W.; thence, scribed in paragraph (a)(1) of this sec- northeasterly, paralleling the shoreline tion will normally be in use Monday at a minimum distance of 500 feet off- through Wednesday between 8 a.m. and shore, to Point 3, Latitude 30°19′48″ N., 4 p.m. and one evening from 4 p.m. Longitude 87°19′35″ W.; thence, main- until 8 p.m., every other week. taining a minimum distance of 500 feet (2) The area described in paragraph offshore or along the northerly edge of (a)(2) of this section will normally be the Gulf Intracoastal Waterway Chan- utilized Wednesday through Friday be- nel (whichever is less), continue to tween 8 a.m. and 4 p.m. for parasail op- Point 4, Latitude 30°20′00″ N., Lon- erations. gitude 87°19′03″ W.; thence, maintaining (3) During those times that specific a minimum distance of 500 feet offshore missions, exercises, or training oper- for the remainder of the area to: PT 5, ations are being conducted, the U.S. Latitude 30°20′31″ N., Longitude 87°16′01″ Navy vessels and/or crafts designated W; Thence to PT 6, Latitude 30°21′11″ as essential to the operation(s) by N., Longitude 87°15′29″ W; Thence to PT proper U.S. Navy authority shall have 7, Latitude 30°22′26″ N., Longitude the rights-of-way. All other vessels and 87°15′43″ W; Thence to PT 8, Latitude crafts are required to keep clear of and 30°22′39″ N., Longitude 87°16′08″ W; remain 300 yards from all naval vessels Thence to PT 9, Latitude 30°22′17″ N., engaged in said operations. Approach- Longitude 87°16′09″ W; Thence to PT 10, ing within 300 yards of vessels and/or Latitude 30°22′18″ N., Longitude 87°16′35″ crafts while they are engaged in oper- W; Thence to PT 11, Latitude 30°22′09″ ations and/or training exercises is pro- N., Longitude 87°17′10″ W; Thence to PT hibited. 12, Latitude 30°22′15″ N., Longitude (4) Vessel traffic through the re- 87°17′19″ W; Thence to PT 13, Latitude stricted area will remain open during 30°22′07″ N., Longitude 87°17′48″ W; operations and/or exercises; however, Thence to PT 14, Latitude 30°22′25″ N., mariners shall exercise extreme cau- Longitude 87°17′53″ W; Thence to PT 15, tion and be on the lookout for swim- Latitude 30°22′13″ N., Longitude 87°18′54″ mers, small craft and helicopters when W; Thence to PT 16, Latitude 30°21′57″ transiting the area. It should be pre- N., Longitude 87°19′22″ W; Thence to PT sumed by all mariners that Navy oper- 17, Latitude 30°21′57″ N., Longitude ations and/or exercises are being con- 87°19′37″ W; Thence to PT 18, Latitude ducted whenever military craft and/or 30°21′49″ N., Longitude 87°19′49″ W; (a helicopters are operating within the re- point on the southerly shoreline of stricted area. Bayou Grande). (5) Any problems encountered regard- (b) The regulations. (1) All persons, ing Navy operations/exercises within vessels, and other craft are prohibited the restricted area should be addressed from entering the waters described in to ‘‘Navy Pensacola Command’’ on paragraph (a) of this section for any Channel 16 (156.6 MHz) for resolution reason. All vessels and craft, including and/or clarification. pleasure vessels and craft (sailing, mo- (6) The regulations in this section torized, and/or rowed or self-propelled), shall be enforced by the Commander of private and commercial fishing vessels, the Naval Air Station, Pensacola, Flor- other commercial vessels, barges, and

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all other vessels and craft, except ves- latitude 30°21′02″, longitude 87°14′20″; sels owned or operated by the United thence to latitude 30°20′02″, longitude States and/or a Federal, State, or local 87°15′16″; thence to latitude 30°20′11″; law enforcement agency are restricted longitude 87°17′58″; and thence to 272° from transiting, anchoring, or drifting true to the shore. within the above described area, or (b) The regulations. (1) The area is es- within 500 feet of any quay, pier, wharf, tablished as a Naval Air Station small or levee along the Naval Air Station boat operations and training area. Pensacola shoreline abutting, nor may (2) All persons, vessels, and other such vessels or crafts or persons ap- craft are prohibited from entering the proach within 500 feet of any United waters described in paragraph (a) of States owned or operated vessel this section for any reason. All vessels transiting, anchored, or moored within and craft, including pleasure vessels the waters described in paragraph (a) of and craft (sailing, motorized, and/or this section. The Commanding Officer, rowed or self-propelled), private and Naval Air Station Pensacola, or his/her commercial fishing vessels, other com- designee, or the Commanding Officer of mercial vessels, barges, and all other a vessel of the United States operating vessels and craft, except vessels owned within the said area, may grant special or operated by the United States and/or permission to a person, vessel, or craft a Federal, State, or local law enforce- to enter upon the waters subject to the ment agency are restricted from enter- restrictions aforementioned. ing, transiting, anchoring, drifting or (2) The existing ‘‘Navy Channel’’ ad- otherwise navigating within the area jacent to the north shore of Magazine described in paragraph (a) of this sec- Point, by which vessels enter and tion. egress Bayous Davenport and Grande (3) The regulations in this section into Pensacola Bay shall remain open shall be enforced by the Commanding to all craft except in those extraor- Officer, Naval Air Station Pensacola dinary circumstances where the Com- and/or such persons or agencies he/she manding Officer, N.A.S. or his/her des- may designate. ignee determines that risk to the in- stallation, its personnel, or property is [13 FR 9561, Dec. 31, 1948, as amended at 25 so great and so imminent that closing FR 2666, Mar. 30, 1960; 28 FR 349, Jan. 12, 1963. Redesignated at 50 FR 42696, Oct. 22, 1985, as the channel to all but designated mili- amended at 62 FR 17555, Apr. 10, 1997; 70 FR tary craft is required for security rea- 67372, Nov. 7, 2005] sons, or as directed by higher author- ity. This section will not preclude the § 334.782 SUPSHIP Bath Maine De- closure of the channel as part of a secu- tachment Mobile at AUSTAL, USA, rity exercise; however, such closures of Mobile, AL; restricted area. said channel will be limited in duration (a) The area. The restricted area and scope to the maximum extent so as would encompass all navigable waters not to interfere with the ability of pri- of the United States, as defined at 33 vate vessels to use the channel for CFR part 329, contiguous to the area navigation in public waters adjacent identified as AUSTAL, USA and the thereto not otherwise limited by this mean high water level within a rectan- regulation. gular shaped area on the east side of (3) The regulations in this section the Mobile River beginning at latitude shall be enforced by the Commanding 30°41′36.46″, longitude—88°2′2.70″; thence Officer of the Naval Air Station, Pensa- westerly to latitude 30°41′35.85″, lon- cola, Florida, and such agencies he/she gitude—88°2″; 5.12″; thence southerly to may designate. latitude 30°41′26.67″, longitude— ° ′ ″ [53 FR 27682, July 22, 1988, as amended at 62 88 2 3.62 ; thence easterly to latitude FR 17555, Apr. 10, 1997; 70 FR 67372, Nov. 7, 30°41′26.98″, longitude—88°2′1.81″ ; thence 2005] northerly along the easterly shoreline to the point of origin. § 334.780 Pensacola Bay, Fla.; seaplane (b) The regulations. (1) All persons, restricted area. swimmers, vessels and other craft, ex- (a) The area. Beginning at latitude cept those vessels under the super- 30°22′28″, longitude 87°16′00″; thence to vision or contract to local military or

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Naval authority, vessels of the United § 334.790 Sabine River at Orange, Tex.; States Coast Guard, and local or state restricted area in vicinity of the law enforcement vessels, are prohibited Naval and Marine Corps Reserve from entering the restricted area with- Center. out permission from the Supervisor of (a) The area. The berthing area of the Shipbuilding, Conversion and Repair, Naval and Marine Corps Reserve Center USN, Bath, Maine or his/her authorized and the waters adjacent thereto from representative. the mean high tide shoreline to a line (2) The restricted area is in effect drawn parallel to, and 100 feet twenty four hours per day and seven channelward from lines connecting the days a week (24/7). pier head of Pier 10 and from a line (3) Should warranted access into the drawn parallel to, and 200 feet up- restricted navigation area be needed, stream from, Pier 10 to a line drawn all entities are to contact the Super- parallel to, and 100 feet downstream visor of Shipbuilding, Conversion and from Pier 10. Repair, USN, Bath, Maine, or his/her (b) The regulations. (1) No person, ves- authorized representative on Marine sel or other craft, except personnel and Communication Channel 16. vessels of the U.S. Government or (c) Enforcement. The regulation in those duly authorized by the Com- this section shall be enforced by the manding Officer, Naval and Marine Supervisor of Shipbuilding, Conversion Corps Reserve Center, Orange, Texas, and Repair, USN, Bath, Maine, and/or shall enter, navigate, anchor or moor such agencies or persons as he/she may in the restricted area. designate. (2) The regulations of this section [74 FR 48152, Sept. 22, 2009] shall be enforced by the Commanding Officer, Naval and Marine Corps Re- § 334.783 Arlington Channel, U.S. serve Center, Orange, Texas, and such Coast Guard Base Mobile, Mobile, agencies as he may designate. Alabama, Coast Guard restricted area. [44 FR 42968, July 23, 1979. Redesignated at 50 (a) The area. The waters of Arlington FR 42696, Oct. 22, 1985, as amended at 62 FR Channel west of a line from latitude 17556, Apr. 10, 1997] 30°–39′—09′′N, longitude 088°–03′–24′′ W to § 334.800 Corpus Christi Bay, Tex.; sea- latitude 30°–38′–54°° N., longitude 088′– ° ′′ plane restricted area, U.S. Naval Air 03 –17 W. Station, Corpus Christi. (b) The regulations. The restricted area is open to U.S. Government ves- (a) The area. The waters of Corpus sels and transiting vessels only. U.S. Christi Bay within the area described Government vessels include U.S. Coast as follows: Beginning at a point on the Guard vessels, Department of Defense south shore of Corpus Christi Bay at vessels, state and local law enforce- the ‘‘North Gate’’ of the U.S. Naval Air ment and emergency services vessels Station at longitude 97°17′15.0″ W.; and vessels under contract with the thence through points at: U.S. Government. Vessels transiting North latitude West longitude the restricted area shall proceed across the area by the most direct route and 27°42′34.9″ 97°17′09.6″ without unnecessary delay. Fishing, 27°41′46.8″ 97°14′23.8″ ° ′ ″ ° ′ ″ trawling, net-fishing and other aquatic 27 41 15.1 97 14 35.4 27°41′27.0″ 97°15′16.7″ activities are prohibited in the re- 27°40′41.6″ 97°15′33.3″ stricted area without prior approval from the Commanding Officer, U.S. thence to a point on shore at latitude Coast Guard Group Mobile or his des- 27°40′44.9″ N.; thence along the shore to ignated representative. the point of beginning. (c) Enforcement. The regulations in (b) The regulations. (1) No person, ves- this section shall be enforced by the sel or watercraft shall enter or remain Commanding Officer, U.S. Coast Guard in the area at any time, day or night, Group Mobile or his designated rep- except with express written approval of resentative. the enforcing agency or as a result of [69 FR 45259, July 29, 2004] force majeure.

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(2) The regulations in this section Kingsport, Tennessee, and such agen- shall be enforced by the Chief of Naval cies as he may designate. Air Training, U.S. Naval Air Station, Corpus Christi, Tex., and such agencies [20 FR 7075, Sept. 30, 1955. Redesignated at 50 FR 42696, Oct. 22, 1985, as amended at 62 FR as he may designate. 17556, Apr. 10, 1997] [43 FR 30054, July 13, 1978. Redesignated at 50 FR 42696, Oct. 22, 1985, as amended at 62 FR § 334.815 Menominee River, at the 17556, Apr. 10, 1997] Marinette Marine Corporation Shipyard, Marinette, Wisconsin; § 334.802 Ingleside Naval Station, naval restricted area. Ingleside, Texas; restricted area. (a) The area. The waters 100 feet from (a) The area. The waters of Corpus Marinette Marine Corporation’s pier Christi Bay beginning at a point at defined by a rectangular shaped area ° ′ ″ latitude 27 49 15.0 N, longitude on the south side of the river beginning 97°12′6.0″ W, thence southerly to lati- on shore at the eastern property line of tude 27°49′7.3″ N, longitude 97°12′5.4″ W, Marinette Marine Corporation at lati- thence south-southwesterly to latitude tude 45°5′58.8″ N, longitude 087°36′56.0″ 27°49′01″ N, longitude 97°12′39.4″ W, W; thence northerly to latitude thence west-northwesterly to latitude ° ′ ″ ° ′ ″ 27°49′02.4″ N, longitude 97°12′48.3″ W, 45 5 59.7 N, longitude 087 36 55.6 W; ° ′ ″ thence north-northeasterly to latitude thence westerly to latitude 45 6 3.2 N, ° ′ ″ 27°49′16.5″ N, longitude 97°12′41.5″, longitude 087 37 9.6 W; thence south- ° ′ ″ thence easterly to latitude 27°49′17.0″ N, erly to latitude 45 6 2.2 N, longitude longitude 97°12′27.5″ W, thence easterly 087°37′10.0″ W; thence easterly along the along the shoreline to the point of be- Marinette Marine Corporation pier to ginning. the point of origin. The restricted area (b) The regulations. Mooring, anchor- will be marked by a lighted and signed ing, fishing, recreational boating or floating buoy line. any activity involving persons in the (b) The regulation. All persons, swim- water shall not be allowed within the mers, vessels and other craft, except restricted area. Commercial vessels at those vessels under the supervision or anchor will be permitted to swing into contract to local military or Naval au- the restricted area while at anchor and thority, vessels of the United States during tide changes. Coast Guard, and local or state law en- (c) Enforcement. The regulations in forcement vessels, are prohibited from this section shall be enforced by the entering the restricted area when Commanding Officer, Naval Station, marked by a signed floating buoy line Ingleside and such agencies as he/she without permission from the United shall designate. States Navy, Supervisor of Ship- [57 FR 46303, Oct. 8, 1992; 58 FR 6718, Feb. 2, building Gulf Coast or his/her author- 1993, as amended at 62 FR 17556, Apr. 10, 1997] ized representative. (c) Enforcement. The regulation in § 334.810 Holston River at Holston this section shall be enforced by the Ordnance Works, Kingsport, Tenn.; United States Navy, Supervisor of restricted area. Shipbuilding Gulf Coast and/or such (a) The area. That portion of Holston agencies or persons as he/she may des- River within the boundaries of the ignate. Government reservation. (b) The regulations. (1) Except in cases [76 FR 30024, May 24, 2011] of extreme emergency, all vessels other than those owned or controlled by the § 334.820 Lake Michigan; naval re- U.S. Government and any activity in- stricted area, U.S. Naval Training Center, Great Lakes, Ill. volving persons in the water, are pro- hibited from entering the area without (a) The area. An area extending in a prior permission of the enforcing agen- north and south direction from the cy. Great Lakes, Illinois, south breakwater (2) The regulations in this section to an east-west line projecting east- shall be enforced by the Commanding ward from the shore termination of the Officer of the Holston Ordnance Works, north fence of the U.S. Naval Training

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

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Zone A. These balls shall not be dis- 33°01′00″ W., and intersecting the south- played when the airport is not in oper- west boundary of Area II at latitude ation. 41°35′00″ N., longitude 83°03′22″ W., and the southeast boundary of Area II at [12 FR 6665, Oct. 9, 1947. Redesignated at 14 ° ′ ″ ° ′ ″ FR 4904, Aug. 9, 1949, and amended at 15 FR latitude 41 34 20 N., longitude 82 57 10 5022, Aug. 4, 1950; 36 FR 5911, Mar. 31, 1971. W. Redesignated at 50 FR 42696, Oct. 22, 1985] (2) Danger Area II (Includes Area I). The area bounded as follows: Beginning § 334.845 Wisconsin Air National at latitude 41°32′30″ N., longitude Guard, Volk Field military exercise 83°01′00″ W.; thence to latitude 41°35′00″ area located in Lake Michigan off- ° ′ ″ shore from Manitowoc and She- N., longitude 83 03 22 W.; thence to boygan Counties; danger zone. latitude 41°36′00″ N., longitude 83°03′24″ W.; thence to latitude 41°41′30″ N., lon- (a) The area. (1) The waters within an gitude 83°07′30″ W.; thence to latitude area beginning at a point at latitude 41°41′30″ N., longitude 83°00′00″ W.; 43°19′00″ N., longitude 87°41′00″ W.; to thence to latitude 41°35′40″ N., lon- latitude 44°05′30″ N., longitude 87°29′45″ gitude 82°54′50″ W.; and thence to the W.; to latitude 44°02′00″ N., longitude point of beginning. 87°02′30″ W.; to latitude 43°15′30″ N., lon- (b) Types of firing—(1) Danger Area I. gitude 87°14′00″ W.; thence to the point Small arms impact area. of beginning, as shown on NOAA Chart 14901 (1999) and existing aeronautical (2) Danger Area II. Ground-based ar- charts. tillery, antiaircraft artillery and auto- (b) The regulation. (1) During specific, matic weapons impact area. infrequent periods when Military exer- (c) Authorized dates and hours of fir- cises will be conducted, as promulgated ing: in the Local Notice to mariners pub- (1) Danger Area I. 6 a.m. to 6 p.m., lished by the United States Coast e.s.t./e.d.t., daily; actual firing dates Guard (USCG), all vessels entering the and hours within the authorized period danger zone are advised to proceed to be announced in advance in special across the area by the most direct firing notices. route and without unnecessary delay. (2) Danger Area II. 8 a.m. to 5 p.m., (2) During specific, infrequent periods e.s.t./e.d.t., daily except on Saturdays, when Military exercises will be con- Sundays, and holidays; actual firing ducted, as promulgated in the Local dates and hours scheduled within au- Notice to mariners published by the thorized period to be announced in ad- USCG, no vessel or craft of any size vance in special firing notices. shall lie-to or anchor in the danger (d) Restrictions. (1) No person or vessel zone, other than a vessel operated by shall enter or remain in a danger zone or for the USCG, or any other author- during a scheduled firing period an- ized agency. nounced in a special firing notice un- (c) Normal use. At all other times, less specific permission is granted in nothing in this regulation shall pro- each instance by a representative of hibit any lawful uses of this area. the enforcing officer. (d) Enforcement. The regulation in (2) The danger areas within the dan- this section shall be enforced by the ger zone shall be open to the public for Commanding Officer, VOLK Field, WI, navigation, fishing and other public and/or persons or agencies as he/she use when firing and/or bombing is not may designate. scheduled. [69 FR 45591, July 30, 2004] (e) Enforcing agencies. The regula- tions in this section shall be enforced § 334.850 Lake Erie, west end, north of for the respective danger areas by the Erie Ordnance Depot, Lacarne, following commanders and such agen- Ohio. cies as each may designate for his as- (a) The danger zone: Consists of the signed areas. He will be responsible for waters of Lake Erie within: proving the prescribed control, signals, (1) Danger Area I. The sector of a cir- and special firing notices. cle with a radius of 6,500 yards centered (1) Danger Area I. Adjutant General, at latitude 41°32′30″ N., longitude State of Ohio.

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(2) Danger Area II. Adjutant General, cants for permits must state the loca- State of Ohio. tion at which they desire to set fixed (f) Control and signals—(1) Danger nets and the period of time which they Area I. When firing into Area I, red desire the permit to cover. flags will be flown from the safety (h) Injurious chemicals. No phosphorus tower at Camp Perry, and from flag or other poisonous chemicals injurious poles in the butts of the ranges being to wild fowl or fish will be discharged used. into the waters of the areas. (2) Danger Area II. During all types of (i) The regulations in this section firing into Area II, red flags will be dis- shall be reviewed annually by the De- played, one from the safety tower at partment of the Army to determine Camp Perry and one from the safety whether further limitations of the dan- tower at the Erie Proof Front. During firing into Area II, patrol boats will po- ger zone shall be considered. lice and maintain surveillance of the [35 FR 17178, Nov. 7, 1970, as amended at 37 area, and will be in constant radio FR 20026, Sept. 23, 1972. Redesignated at 50 communication with the shore station FR 42696, Oct. 22, 1985, as amended at 62 FR controlling the firing. 17556, Apr. 10, 1997] (3) [Reserved] (4) The appropriate enforcing officer § 334.855 Salt River, Rolling Fork has authority to suspend any scheduled River, Otter Creek; U.S. Army Gar- firing for reasonable periods during re- rison, Fort Knox Military Reserva- tion; Fort Knox, Kentucky; danger gattas and immediately after fishing zone. nets are destroyed or dislocated by se- vere storms. (a) The area. Salt River from Point A (5) The special firing notices which (latitude 37°59′31.72″ N; longitude will include schedules of use will be 85°55′32.98″ W) located approximately published by the enforcing officer indi- 1.2 miles southeast of West Point, Ken- cated in paragraph (e) of this section, tucky; southward to its confluence in sufficient time to permit cir- with the Rolling Fork River. Salt cularization to interested parties and River from Point B (latitude 37°57′51.32″ posting on the bulletin boards of post N; longitude 85°45′37.14″ W) located ap- offices in surrounding localities. Spe- proximately 2.8 miles southwest of cial notices will also be furnished the Shepherdsville, Kentucky; southward District Engineer, Corps of Engineers, to its confluence with the Rolling Fork Detroit, Mich.; the Commander, Ninth River. Rolling Fork River from Point C Coast Guard District, Cleveland, Ohio; (latitude 37°49′59.27″ N; longitude the Regional Manager, Federal Avia- 85°45′37.74″ W) located approximately tion Administration, Chicago, Ill.; and 1.6 miles southwest of Lebanon Junc- each of the enforcing agencies listed in tion, Kentucky northward to its con- paragraph (e) of this section. Users of fluence with the Salt River. Otter the waterway shall familiarize them- Creek from Point D (latitude selves with the current special firing 37°51′31.77″ N; longitude 86°00′03.79″ W) notices. If in doubt, inquiry should be located approximately 3.4 miles north made to the enforcing officer indicated of Vine Grove, Kentucky to Point E in paragraph (e) of this section. (latitude 37°55′21.95″ N; longitude (6) Agencies desiring to use the areas ° ′ ″ shall present their requirements to the 86 01 47.38 W) located approximately respective enforcing officer who is re- 2.3 miles southwest of Muldraugh. sponsible for, and is granted authority (b) The regulation. All persons, swim- to, coordinate the firing and estab- mers, vessels and other craft, except lished priorities, for the using agencies. those vessels under the supervision or (g) Fishing permits. Fishermen desir- contract to local military or Army au- ing to set fixed nets within the danger thority, vessels of the United States zone are required in every instance to Coast Guard, and federal, local or state have written permits. Permits for plac- law enforcement vessels, are prohibited ing nets within Areas I and II may be from entering the danger zones without obtained by written application to the permission from the Commanding Gen- Adjutant General, State of Ohio. Appli- eral, U.S. Army Garrison, Fort Knox

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Military Reservation, Fort Knox, Ken- Naval Amphibious Base, Coronado, San tucky or his/her authorized representa- Diego, California 92155 or by calling, tive. telephone number (619) 522–4833 at least (c) Enforcement. The regulation in 10 days prior to the event. this section, promulgated by the [49 FR 49453, Dec. 20, 1984. Redesignated at 50 United States Army Corps of Engi- FR 42696, Oct. 22, 1985] neers, shall be enforced by the Com- manding General, U.S. Army Garrison, § 334.865 Naval Air Station North Is- Fort Knox Military Reservation, Fort land, San Diego, California, re- Knox, Kentucky and/or other persons stricted area. or agencies as he/she may designate. (a) The area. The waters within an [70 FR 15228, Mar. 25, 2005] area beginning at 32°42′55.0″ N, 117°11′30.5″ W; thence running easterly § 334.860 San Diego Bay, Calif., Naval to 32°42′57.0″ N, 117°11′22.5″ W; thence Amphibious Base; restricted area. running easterly to 32°42′56.0″ N, (a) The Area. The water of the Pacific 117°11′19.0″ W; thence running south- Ocean in Middle San Diego Bay in an easterly to 32°42′49.0″ N, 117°11′08.5″ W; area extending from the northern and thence running southeasterly to eastern boundary of the Naval Amphib- 32°42′44.5″ N, 117°11′06.5″ W; thence run- ious Base about 0.1 nautical miles and ning southerly to 32°42′40.0″ N, 0.6 nautical miles from the southern 117°11′06.5″ W. shoreline and basically outlined as fol- (b) The regulation. (1) The restricted lows: area shall not be open to swimming, fishing, water-skiing, mooring or an- Station Latitude Longitude chorage. 1 32°40′33.0″ N 117°10′02.4″ W (2) Dragging, seining, other fishing 2 32°40′34.7″ N 117°09′54.0″ W operations, and other activities not 3 32°40′46.0″ N 117°09′44.2″ W 4 32°41′00.0″ N 117°09′24.6″ W under the direction of the United 5 32°40′20.0″ N 117°08′36.7″ W States, which might foul underwater 6 32°40′00.0″ N 117°09′00.0″ W installations within the restricted 7 32°39′18.0″ N 117°08′45.0″ W area, are prohibited. 8 32°39′16.0″ N 117°08′48.5″ W (3) All tows entering the restricted (b) The regulations. (1) Swimming, area shall be streamed and shortened fishing, waterskiing, mooring or an- to the seaward of the area and towing choring shall not be allowed within the appendages and catenaries shall not be restricted area. dragged along the bottom while pro- (2) A portion of the restricted area ceeding through the area. extending 120 feet from pierheads and (4) All vessels entering the restricted from the low water mark on shore area shall proceed across the area by where piers do not exist is closed to all the most direct route and without un- persons and vessels except those owned necessary delay. by, under hire to, or performing work (5) No vessel or craft of any size shall for, the Naval Amphibious Base. lie-to or anchor in the restricted area (3) All vessels entering the restricted at any time other than a vessel oper- area shall proceed across the area by ated by or for components, or other the most direct route and without un- vessels authorized by Commander, necessary delay. For vessels under sail, , or his/her des- necessary tacking shall constitute a di- ignee. rect route. (6) When security conditions dictate, (4) The regulations in this section Naval security forces may impose shall be enforced by the Commanding strict enforcement of stand-off dis- Officer, Naval Amphibious Base, Coro- tances within the restricted area. This nado, California, and such agencies as enforcement will not prevent utiliza- he/she shall designate. Organized ac- tion of navigable channels, but will tivities (such as sail races and regat- serve to control its use in order to pro- tas) within the restricted area may be tect vital National interests. allowed providing that a request has (c) Enforcement. The regulation in been made to the Commanding Officer, this section, promulgated by the

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United States Army Corps of Engi- W, and the east flag pole is located at neers, shall be enforced by the Com- latitude 32°41′22.4″ N, longitude mander, Navy Region Southwest, and 117°12′38.7″ W. such agencies or persons as he/she may (4) When live firing is about to be un- designate. dertaken or is in progress during peri- [68 FR 37972, June 26, 2003] ods of darkness, three (3) red flashing warning lights will be displayed at the § 334.866 Pacific Ocean at Naval Base top of the flag poles on the southern Coronado, in the City of Coronado, berm of the small arms range at the lo- San Diego County, California; naval cations described in paragraph (b)(3) of danger zone. this section, so as to be clearly visible (a) The area. A fan-shaped area ex- from all points of entry into the danger tending westerly into the waters of the zone. Pacific Ocean from a point on the (5) The danger zone is not considered beach of Naval Base Coronado, Coro- safe for vessels or individuals when live nado, California beginning at latitude firing is in progress. When live firing is 32°41′13″ N, longitude 117°12′45″ W; about to begin or is scheduled as indi- thence easterly, along the mean high cated by the warning flags or flashing water mark, to latitude 32°41′14″ N, lon- warning lights described in paragraphs gitude 117°12′32″ W; thence southerly to (b)(3) and (b)(4) of this section, all ves- latitude 32°40′31″ N, longitude 117°12′12″ sels will be required to expeditiously W; thence westerly to latitude 32°40′25″ vacate the danger zone. N, longitude 117°12′43″ W; thence north- (6) Anchoring by any vessel within erly, landward, to the point of origin. the danger zone is prohibited. (b) The regulations. (1) Range live fir- (7) Prior to conducting live firing, ing on the Naval Base Coronado, Coro- Navy personnel will visually scan the nado, California small arms range may danger zone to ensure that no vessels occur at any time. Information on live or individuals are located within it. firing schedules and coordination for Any vessels or individuals in the dan- community concerns can be obtained ger zone will be notified by the Navy by calling the Naval Base Coronado Range Safety Officer using a marine Small Arms Range Safety Officer at VHF–FM marine radio and by other 619–545–8413 during normal working means as necessary, to exit the danger hours. Assistance is also available via zone and remain outside the area until the Naval Base Coronado Hotline at conclusion of live firing. As new tech- 619–545–7190 or the Naval Base Coronado nology becomes available, the VHF–FM operator at 619–545–1011. If the phone marine radio communications system numbers are changed, they will be up- may be updated. dated on the Naval Base Coronado Web (8) Safety observers will be posted in site http://www.cnic.navy.mil/Coronado. accordance with range standard oper- (2) The danger zone will be open to ating procedures at all times when the fishing and general navigation when no warning flags or flashing lights de- weapons firing is scheduled, which will scribed in paragraphs (b)(3) and (b)(4) of be indicated by the absence of any this section are displayed. Operation of warning flags or flashing lights on land the small arms range will only occur in the locations specified in paragraphs when visibility is sufficient to main- (b)(3) and (b)(4) of this section. tain visual surveillance of the danger (3) When live firing is about to be un- zone and vicinity. In the event of lim- dertaken or is in progress during day- ited visibility due to rain, fog or other light hours, three (3) large red warning conditions, live firing will be postponed flags will be displayed at the top of the until the danger zone can be confirmed flag poles on the southern berm of the clear of all vessels and individuals. small arms range, so as to be clearly (9) Naval Base Coronado will main- visible from all points of entry into the tain a schedule of live firing at the danger zone. The west flag pole is lo- small arms range on its Web site, http:// cated on the southern berm at latitude www.cnic.navy.mil/Coronado, which will 32°41′21.5″ N, longitude 117°12′42.8″ W, be accessible to the public, mariners, the middle flag pole is located at lati- and recreationists. The Navy will tude 32°41′21.7″ N, longitude 117°12′40.9″ maintain the Web site on a year round

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basis and update information as needed (ii) Craft of any size shall not be ex- for public safety. cluded from transiting the area. How- (c) Enforcement. The regulation in ever, they shall proceed through the this section will be enforced by the area by the most direct route without Commanding Officer, Naval Base Coro- delay or loitering. On occasion, access nado, and such agencies and persons as to the bait barges may be delayed for he/she may designate. intermittent periods not exceeding 30 minutes. [75 FR 26102, May 11, 2010] (iii) No craft of any size shall lay-to § 334.870 San Diego Harbor, Calif.; re- or anchor within the area except on stricted area. prior permission granted by the Officer in Charge, U.S. Naval Degaussing Sta- (a) Restricted area at Bravo Pier, Naval tion. Air Station—(1) The area. The water of (c) Restricted area between Ballast the Pacific Ocean in North San Diego Point and Zuniga Point—(1) The area. Bay in an area extending from the An area in San Diego Bay between Bal- western boundary of North Island last Point and Zuniga Point inclosed about 0.2 nautical miles bayward and by lines connecting the following sta- basically outlined as follows: tions:

Station Latitude Longitude Station Latitude Longitude ° ′ ″ ° ′ ″ 1 32 41 51.3 N 117 13 34.0 W A 32°41′17″ 117°13′58″ ° ′ ″ ° ′ ″ 2 32 41 51.3 N 117 13 46.6 W B 32°41′19″ 117°13′36.5″ 3 32°41′43.3″ N 117°13′50.0″ W C 32°41′01″ 117°13′34″ 4 32°41′35.8″ N 117°13′48.0″ W D 32°40′59″ 117°13′55″ 5 32°41′35.8″ N 117°13′35.0″ W E 32°41′03″ 117°13′56″ A 32°41′17″ 117°13′58″ (2) The regulations. (i) The restricted area shall not be open to swimming, (2) The regulations. (i) No vessel shall fishing, mooring or anchorage. anchor within the restricted area at (ii) Transit will be allowed through any time. the restricted area except that no tran- (ii) Dredging, dragging, seining, other sit will be allowed within 100 feet of the fishing operations, and other activities ammunition pier (Bravo Pier). All un- not under the direction of the United authorized vessels entering the re- States, which might foul underwater stricted area shall proceed across the installations within the restricted area by the most direct route and with- area, are prohibited. out unnecessary delay. Only vessels (iii) All tows entering the restricted owned by, under hire to, or performing area shall be streamed and shortened work for the Naval Air Station or the to the seaward of the area and towing Naval Weapons Station may operate appendages and catenaries shall not be within 100 feet of the ammunition pier. dragged along the bottom while pro- (b) Restricted area at U.S. Naval ceeding through the area. Degaussing Station—(1) The area. That (iv) All vessels entering the re- portion of San Diego Bay near Point stricted area shall proceed across the Loma, inclosed by lines connecting the area by the most direct route and with- following points, which are rectangular out unnecessary delay. coordinates and are referred to U.S. (d) Restricted area at the Naval Supply Coast and Geodetic Survey station Center Pier—(1) The area. The waters of ‘‘Old Town’’ as their origin: San Diego Bay extending approxi- mately 100 feet out from the north, ‘‘a’’ S. 18,738.80, W. 16,299.50. west and south sides of the Naval Sup- ‘‘b’’ S. 18,817.60, W. 15,791.30. ply Center Pier enclosed by lines con- ‘‘c’’ S. 19,376.09, W. 14,270.73. necting the following stations: ‘‘d’’ S. 20,023.15, W. 14,462.94. ‘‘e’’ S. 21,080.24, W. 14,333.14. Station Latitude Longitude ‘‘f’’ S. 22,074.40, W. 16,371.48. A 32°42′50″ N 117°10′25″ W (2) The regulations. (i) There shall be B 32°42′50″ N 117°10′38″ W 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

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

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Pendleton, California, and such agen- § 334.920 Pacific Ocean off the east cies as he may designate. coast of San Clemente Island, Calif.; naval restricted area. [24 FR 1214, Feb. 17, 1959. Redesignated at 50 FR 42696, Oct. 22, 1985] (a) The area. The waters of the Pa- cific Ocean within an area extending § 334.905 Pacific Ocean, offshore of easterly from the east coast of San Camp Pendleton, California; Clemente Island, California, described Fallbrook restricted area. as follows: The northerly boundary to (a) The area. The waters of the Gulf be a continuation, to seaward of the ex- of Santa Catalina, offshore of Camp isting southerly boundary of the re- stricted anchorage area, as described in Pendleton in the Pacific Ocean, San 110.218 of this chapter, to latitude Diego County, California. The center of 33°00.3′ N., longitude 118°31.1′ W.; thence the restricted area is located at 33°18.6′ to latitude 32°58.6′ N., longitude N. latitude, 117°32.0′ W. longitude, with 118°30.0′ W.; thence to latitude 32°57.9′ a radius of 9,000 feet. N., longitude 118°31.3′ W on the shore- (b) The regulations. (1) No vessel or line; thence northerly along the shore- craft of any size shall lie-to or anchor line to the point of beginning. in the restricted area at any time other (b) The regulations. (1) No person or than a vessel operated by or for the vessels, other than Naval Ordnance U.S. Coast Guard, local, State or Fed- Test Station craft, and those cleared eral law enforcement agencies. for entry by the Naval Ordnance Test (2) Loitering, dredging, dragging, an- Station, shall enter the area at any choring, seining, fishing, and similar time except in an emergency, pro- activities within the restricted area ceeding with extreme caution. during vertical replenishment oper- (2) Dredging, dragging, seining or ations use is prohibited. other fishing operations within these (c) Enforcement. The regulations in boundaries are prohibited. this section shall be enforced by the (3) No seaplanes, other than those ap- U.S. Coast Guard, local, State, or Fed- proved for entry by Naval Ordnance eral law enforcement agencies. Test Station, may enter the area. (4) The regulations in this section [58 FR 53427, Oct. 15, 1993] shall be enforced by security personnel § 334.910 Pacific Ocean, Camp Pen- attached to the U.S. Naval Ordnance dleton Boat Basin, U.S. Marine Test Station, China Lake, California, Corps Base, Camp Pendleton, Calif.; and by such agencies as may be des- restricted area. ignated by the Commandant, Eleventh Naval District, San Diego, California. (a) The area. All of the waters of Camp Pendleton Boat Basin entrance [23 FR 2098, Mar. 29, 1958, as amended at 48 channel lying northerly of a line be- FR 6708, Feb. 15, 1983; 48 FR 8273, Feb. 28, tween a light on the north Camp Pen- 1983. Redesignated at 50 FR 42696, Oct. 22, dleton jetty at latitude 33°12′22″, lon- 1985, as amended at 62 FR 17556, Apr. 10, 1997] gitude 117°24′07″, and a light on the § 334.921 Pacific Ocean at San north Oceanside Harbor groin at lati- Clemente Island, Calif.; naval re- tude 33°12′29″, longitude 117°23′55″. stricted area. (b) The regulations. (1) The area is re- (a) The area. All waters between the served exclusively for use by vessels northern and southern boundaries of owned or operated by the Federal Gov- the area known as West Cove seaward ernment. Permission to enter the area approximately four miles. The north- must be obtained from the enforcing ern boundary is defined by the coordi- agency. nates: (2) The regulations in this section shall be enforced by the Commanding 33°00′52″ N. 118°36′18″ W. ° ′ ″ ° ′ ″ General, U.S. Marine Corps Base, Camp 32 59 30 N. 118 37 30 W. 32°59′20″ N. 118°38′38″ W. Pendleton, California, or such agencies as he may designate. The southern boundary is defined by the coordinates: [28 FR 13784, Dec. 19, 1963. Redesignated at 50 FR 42696, Oct. 22, 1985] 33°00′40″ N. 118°35′27″ W.

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32°58′30″ N. 118°36′40″ W. (5) Smoking, open flames and bar- 32°57′45″ N. 118°38′38″ W. becues in boats are prohibited during (b) The regulation. (1) The use of this the transit of this area. area for anchorage is prohibited to all (6) Nothing in the regulations in this craft at all times. section shall be construed as relieving the owner or persons in command of (2) The regulations in this section any vessels or plant from the penalties shall be enforced by the Commander, of the law for obstructing navigation Naval Base, San Diego, and such agen- or for not complying with the naviga- cies as he/she shall designate. tion laws in regard to lights or signals [50 FR 50297, Dec. 10, 1985] or for otherwise violating law. (7) All vessel operators shall heed and § 334.930 Anaheim Bay Harbor, Calif.; obey all posted signs and/or instruc- Naval Weapons Station, Seal Beach. tions issued by security personnel of (a) The restricted area. The water of the U.S. Naval Weapons Station. Anaheim Bay Harbor between the east (8) The regulations in this section and west jetties at the United States shall be enforced by the Commanding Naval Weapons Station, Seal Beach, Officer, U.S. Naval Weapons Station, California, and the contiguous tidal Seal Beach, California, and such agen- channel and basin as far east as the cies as he/she may designate. For clari- Anaheim Bay bridge. fication or other information, the U.S. (b) The regulation. (1) The authority Naval Weapons Station Command Duty of the Naval Weapons Station Com- Officer should be contacted at (213) 594– manding Officer in this area extends to 7101. restricting and disallowing the navi- [53 FR 6942, Mar. 3, 1988, as amended at 62 FR gating or anchorage of craft during 17556, Apr. 10, 1997] such times as the Commanding Officer determines that considerations of na- § 334.938 Federal Correctional Institu- tional security or safety warrant such tion, Terminal Island, San Pedro action(s). Bay, California; restricted area. (2) All craft authorized transit of this (a) The area. The waters of San Pedro area shall stay within the limits of the Bay on the east side of Reservation entrance channel in the Outer Harbor, Point extending 150 feet (50 yards), and confine their movement to within from the Federal Correctional Institu- the limits of the marked small craft tion fence along the shore to the fol- channel at the southern portion of the lowing stations: Inner Harbor. Station Latitude Longitude (3) Recreational craft, such as water skis, jet skis (personal water craft), 1 33°43′45.5″ N 118°16′2.0″ W row boats, canoes, kayaks, wind surf- 2 33°43′37.0″ N 118°15′58.0″ W ° ′ ″ ° ′ ″ ers, sail boards, surf boards, etc., and 3 33 43 27.5 N 118 15 54.5 W any activity involving persons in the water, are specifically prohibited with- The stations will be marked by three in the restricted area. special purpose buoys (white with an (4) Boats unable to throttle down or orange diamond in the center). to maintain steerage way at 5 miles per (b) The regulations. No person or ves- hour speed shall proceed at the min- sel of any kind shall enter, navigate, imum speed consistent with seaman- anchor or moor within the restricted ship in an area regularly subject to wa- area without first obtaining the per- terborne explosive handling operations. mission of the Warden, Federal Correc- In case of doubt, boat operators of in- tional Institution, Terminal Island. bound boats will remain in the west The regulations in this section shall be end of the basin and outbound boats in enforced by the U.S. Coast Guard, the the east end of the basin until informed Warden of the Federal Correctional In- by a representative of the Naval Weap- stitution, Terminal Island, and such ons Station or U.S. Coast Guard of the agencies and he/she may designate. completion of the waterborne explosive [57 FR 58098, Dec. 8, 1992; 58 FR 42237, Aug. 9, handling hazard. 1993, as amended at 62 FR 17556, Apr. 10, 1997]

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§ 334.940 Pacific Ocean in vicinity of Officer, Fort MacArthur, California, San Pedro, Calif.; practice firing and such agencies as he may designate. range for U.S. Army Reserve, Na- tional Guard, and Coast Guard [19 FR 3795, June 22, 1954, as amended at 27 units. FR 2465, Mar. 15, 1962. Redesignated at 50 FR 42696, Oct. 22, 1985, as amended at 62 FR 17556, (a) The danger zone. (1) [Reserved] Apr. 10, 1997] (2) Zone B. An area extending south- west and northwest from Point § 334.950 Pacific Ocean at San Vicente, described as follows: Begin- Clemente Island, California; Navy shore bombardment areas. ning at Point Vicente Light, latitude 33°44′30″, longitude 118°24′36″; thence (a) The danger zones. (1) The waters of southwesterly to latitude 33°43′42″, lon- the Pacific Ocean within an area begin- gitude 118°25′24″; thence northwesterly ning at China Point Light; extending to latitude 33°46′30″, longitude 118°27′06″; in a direction of 181 degrees true, 2.0 thence southeasterly to the shore, lati- nautical miles; thence 072.5 degrees tude 33°44′54″, longitude 118°24′42″; and true, 5.375 nautical miles; thence 313 thence southerly along the shore to the degrees true to Pyramid Head Light. point of beginning. (2) The waters of the Pacific Ocean (b) The regulations. (1) Intermittent within an area beginning at China Point Light; extending in a direction of firing may take place in the danger 181 degrees true, 2.0 nautical miles; zone on any day from sunrise to sunset. thence 303 degrees true, 5.35 nautical (2) Except as otherwise provided in miles; thence 040.4 degrees true to the this paragraph, the danger zone will be beach. open to fishing and general navigation. (3) The waters of the Pacific Ocean When firing is not scheduled the danger within an area beginning at Pyramid zone may be occupied without restric- Head Light; extending in a direction of tion. When firing is in progress safety 133 degrees true, 2.0 nautical miles; observers will be maintained to warn thence 024 degrees true, 2.14 nautical all vessels. Notice to vacate the area, miles, thence 313 degrees true, 7.6 nau- or to stop at the boundaries, will be tical miles; thence 220 degrees true to given by siren, patrol vessel, or other the beach. effective means, and such notice shall (b) The regulations. (1) All persons and be promptly obeyed. All vessels per- all vessels shall promptly vacate the mitted to enter the danger zone during areas when ordered to do so by the a firing period, other than those owned Navy or the Coast Guard. Persons and by and operated by or under the direc- vessels shall not enter the areas during tion of the U.S. Government, shall pro- periods scheduled for firing. These ceed across the area by the most direct areas are used for various surface and route and clear the area with the air gunnery and aerial bombing exer- greatest possible dispatch. No person cises by the United States Navy, Coast shall enter the water and no vessel, Guard and Marine Corps. Hazardous fishing boat, or recreational craft shall conditions exist during shore bombard- anchor in the danger zone during an ac- ment by naval ships in the area sea- tual firing period. ward of that described in paragraphs (3) Nothing in this section shall be (a)(1) and (a)(2) of this section between construed as relieving the owner or the firing vessel and the shore. The person in charge of a vessel from any area described in paragraph (a)(3) of penalties for obstructing navigation, or this section is hazardous due to the for obstructing or interfering with possibility of rounds landing in the waters east of San Clemente Island. range lights, or for not complying with the navigation laws in regard to lights (2) All persons in the area are warned that unexploded ordinance exists with- and fog signals, or for otherwise vio- in the shore bombardment area on San lating any law or regulations. Clemente Island and in the surrounding (4) The regulations in this section waters. All persons should exercise ex- shall be enforced by the Commanding treme caution when operating in the area.

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(3) Information about scheduled exer- zone on any day from 8:00 a.m. until cises will be published in the Local No- 1:00 p.m. tice to Mariners and also may be ob- (2) Except as otherwise provided in tained by calling the shore bombard- this section, the danger zone will be ment area scheduler at (619) 437–2231. open to fishing and general navigation. Vessels in the vicinity of San Clemente (3) The operations officer, Naval Ord- Island may obtain information on the nance Test Station, Pasadena Annex, status of the range by contacting the Pasadena, California, will announce Navy Observation Post by marine radio firing schedules. Each week, public no- on channel 16. However, the Navy Ob- tices will be issued giving advance fir- servation Post is normally manned ing schedules. Such notices will appear only during firing exercises. In addi- in the local newspapers and in local tion, since the Navy Observation Post ‘‘Notice to Mariners’’ and ‘‘Notice to may not be able to receive radio trans- Airmen.’’ For the benefit of the fisher- missions or answer a vessel calling men and small-craft operators, an- from the area described in paragraph nouncements will be made on the ma- (A)(3) of this section due to inter- rine radio. ference from the land mass, it is rec- (4) When a scheduled firing is about ommended that callers position their to be undertaken, fishing boats and craft for line-of-sight transmission other small craft will be contacted by with the Navy Observation Posts near surface patrol boats or aircraft Pyramid Cove prior to assuming that equipped with a loudspeaker system. the range is not in use. When so notified, all persons and ves- (4) Except in an emergency, no vessel sels shall leave the area immediately shall anchor in these areas without by the shortest route. Upon completion first obtaining permission from the of firing or if the scheduled firing is Commander, Naval Base, San Diego or cancelled for any reason, fishermen and from the senior officer present in the small-boat operators will be notified as area who may grant permission to an- far in advance as possible by Marine chor not exceeding the period of time Radio Broadcast. that he, himself, is authorized to re- (5) The regulations in this section main there. The senior officer present shall be enforced by security personnel shall advise the Commander, Naval attached to the Naval Ordnance Test Base, San Diego when and to whom a Station, Pasadena Annex, and by such berth is assigned. agencies as may be designated by the (5) The regulations in this section Commandant, Eleventh Naval District, shall be enforced by the Commander, San Diego. Naval Base, San Diego, and such agen- cies as he/she shall designate. [27 FR 6829, July 19, 1962. Redesignated at 50 FR 42696, Oct. 22, 1985, as amended at 62 FR [55 FR 30907, July 30, 1990, as amended at 62 17557, Apr. 10, 1997; 62 FR 24034, May 2, 1997] FR 17556, Apr. 10, 1997] § 334.961 Pacific Ocean, San Clemente § 334.960 Pacific Ocean, San Clemente Island, California, naval danger Island, Calif.; naval danger zone off zone off the northwest shore. West Cove. (a) The danger zone: The waters of the (a) The danger zone. The waters of the Pacific Ocean adjacent to San Pacific Ocean in an area about one-half Clemente Island, California, bounded mile off the west coast of San by the following coordinates and San Clemente Island basically outlined as Clemente Island: follows: Point A—33°01′38″ N 118°36′20″ W Latitude Longitude Point B—33°01′11″ N 118°37′25″ W ° ′ ″ ° ′ ″ 33°00′40″ 118°35′45″ Point C—33 00 11 N 118 37 00 W 32°57′40″ 118°34′25″ Point D—33°00′05″ N 118°38′53″ W 32°57′10″ 118°35′40″ Point E—33°02′55″ N 118°39′05″ W 33°00′10″ 118°37′00″ Point F—33°04′25″ N 118°37′41″ W ° ′ ″ ° ′ ″ 33 00 40 118 35 45 Point G—33°02′02.5″ N 118°35′53″ W (b) The regulations. (1) Intermittent (b) The regulations: (1) No person shall firing may take place in the danger enter this area during closure periods

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unless authorized to do so by the en- Latitude Longitude forcing agency. No vessel or other ° ′ ″ ° ′ ″ craft, except vessels of the U.S. Gov- Point N 33 16 30 119 30 40 ernment or vessels duly authorized by (3) CHARLIE section is the easterly the enforcing agency shall enter this section of the area, and is described as area during closure periods. follows: (2) The regulations in this section shall be enforced by the commander, Latitude Longitude Naval Base, San Diego, California, and Point J 33°18′18″ 119°26′29″ such agencies as he/she shall designate. Point O 33°15′43″ 119°28′40″ [55 FR 41522, Oct. 12, 1990, as amended at 62 Thence easterly, southerly and westerly along the shoreline FR 17557, Apr. 10, 1997] to Point M

§ 334.980 Pacific Ocean; around San Point M 33°13′10″ 119°29′40″ Nicolas Island, Calif., naval re- Point B 33°10′10″ 119°29′40″ stricted area. Point A 33°10′10″ 119°24′20″ Point L 33°13′50″ 119°21′50″ (a) The area. The waters of the Pa- Point K 33°17′40″ 119°24′50″ cific Ocean around San Nicolas Island, Point J 33°18′18″ 119°26′29″ Calif., extending about 3 miles seaward from the shoreline, described as fol- (c) Markers. Range markers, as delin- lows: eated below, are installed at Points M, N, and O for navigational purposes to Latitude Longitude indicate the boundaries between sec- Point A 33°10′10″ 119°24′20″ tions ALPHA, BRAVO, and CHARLIE. Point C 33°10′10″ 119°31′10″ (1) At Point M two triangular mark- Point D 33°12′00″ 119°35′30″ ers are installed facing southward, 10 Point E 33°14′20″ 119°37′40″ feet in length on each side, with red Point F 33°16′40″ 119°38′10″ Point G 33°19′10″ 119°37′10″ and white diagonal stripes, each mark- Point I 33°20′10″ 119°31′10″ er mounted atop 80-foot poles spaced Point K 33°17′40″ 119°24′50″ ° ′ ″ ° ′ ″ 100 yards apart, each pole being located Point L 33 13 50 119 21 50 on the line of longitude 119°29′40″ W. (b) Sections of area. (1) ALPHA sec- and near the southerly shoreline at ° ′ ″ tion is the northerly section of the latitude 33 13 10 N. The southernmost area, and is described as follows: marker is 20 feet below the other. (2) At Point N two triangular mark- Latitude Longitude ers are installed facing northwesterly, 10 feet in length on each side, with red Point G 33°19′10″ 119°37′10″ Point I 33°20′10″ 119°31′10″ and white diagonal stripes, each mark- Point J 33°18′18″ 119°26′29″ er mounted atop 80-foot poles spaced Point O 33°15′43″ 119°28′40″ 100 yards apart, the poles being located Thence northwesterly along shoreline to Point N near the northwesterly shoreline at latitude 33°16′30″ N. and longitude Point N 33°16′30″ 119°30′40″ 119°30′40″ W. The northernmost marker ° ′ ″ ° ′ ″ Point G 33 19 10 119 37 10 is 20 feet below the other. (3) At Point O two triangular mark- (2) BRAVO section is the westerly ers are installed facing northeasterly, section of the area, and is described as 10 feet in length on each side, with red follows: and white diagonal stripes, each mark- Latitude Longitude er mounted atop 80-foot poles spaced 100 yards apart, the poles being located ° ′ ″ ° ′ ″ Point N 33 16 30 119 30 40 near the northeasterly shoreline at Thence westerly, southerly and easterly along the shoreline latitude 33°15′43″ N. and longitude to Point M 119°28′40″ W. The northernmost marker Point M 33°13′10″ 119°29′40″ is 20 feet below the other. Point B 33°10′10″ 119°29′40″ (d) The regulations. (1) No seaplanes, Point C 33°10′10″ 119°31′10″ other than those approved for entry by Point D 33°12′00″ 119°35′30″ the Commander, Pacific Missile Range Point E 33°14′20″ 119°37′40″ Point F 33°16′40″ 119°38′10″ (COMPMR) may enter any section of Point G 33°19′10″ 119°37′10″ the area.

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(2) Subject to the provisions of para- Beach, California, and such agencies as graph (d)(4) of this section, relating to he may designate. sections BRAVO and CHARLIE, no ves- [19 FR 891, Feb. 17, 1954, as amended at 27 FR sels other than Pacific Missile Range 12368, Dec. 13, 1962. Redesignated at 50 FR craft and those cleared for entry by 42696, Oct. 22, 1985, as amended at 62 FR 17557, COMPMR, or the Officer-in-Charge, Apr. 10, 1997] San Nicolas Island shall enter any sec- tion of the area at any time except in § 334.1010 San Francisco Bay in vicin- ity of Hunters Point; naval re- an emergency, proceeding with ex- stricted area. treme caution. (3) Dredging, dragging, seining, an- (a) The area. Bounded by the shore of choring and other fishing operations the San Francisco Naval Shipyard and the following lines: Beginning at a within ALPHA section of the area are point on the northerly shore of the prohibited at all times. Shipyard bearing 292°40′, 950 yards, (4) Dredging, dragging, seining, or from Hunters Point Light; thence other fishing operations are allowed 35°27′, 730 yards to the U.S. Pierhead within the boundaries of BRAVO and Line; thence 142°55′, 1,300 yards, along CHARLIE sections at all times except the Pierhead Line; thence 180°, 2,450 when declared closed by COMPMR. No- yards, to the San Francisco-San Mateo tice that sections BRAVO and/or County Line; thence 270°, 430 yards, CHARLIE are closed to fishing shall be along the County Line; thence 305°27′, given by publication of notices to 1,313 yards, to and along the southwest- mariners, or may be obtained by moni- erly side of South Basin; and thence toring standard Coast Guard radio due north, 413 yards, to the southwest- broadcasts or by contacting the Pacific erly shore of the Shipyard. Missile Range by telephone or radio. NOTE: All bearings in this section are re- Boats must remain at least 300 yards ferred to true meridian. from the shoreline of San Nicolas Is- land at all times. Nothing in this provi- (b) The regulations. No person may sion shall be construed as authoriza- enter the area and no vessel or other craft, except vessels of the U.S. Gov- tion for personnel to land on San Nico- ernment or vessels duly authorized by las Island, except in an emergency. the Commander, San Francisco Naval (5) The regulations in this section Shipyard, shall navigate, anchor or shall be enforced by personnel attached moor in this area. to the Pacific Missile Range, Point Mugu, Calif., and by such agencies as [26 FR 11201, Nov. 28, 1961. Redesignated at 50 may be designated by the Com- FR 42696, Oct. 22, 1985; 51 FR 25198, July 11, 1986, as amended at 62 FR 17557, Apr. 10, 1997] mandant, 11th Naval District, San Diego, Calif. § 334.1020 San Francisco Bay and Oak- land Inner Harbor; restricted areas [30 FR 2260, Feb. 19, 1965. Redesignated at 50 in vicinity of Naval Air Station, Ala- FR 42696, Oct. 22, 1985, and amended at 58 FR meda. 21226, Apr. 19, 1993] (a) The areas. (1) The waters of San § 334.990 Long Beach Harbor, Calif.; Francisco Bay bounded by the shore of naval restricted area. Naval Air Station, Alameda, and a line beginning at a point on the north side (a) The area. All the waters between of Oakland Inner Harbor Entrance the Navy mole and Terminal Island to Channel at approximately: 37°47′57″ N, the westward of longitude 118°13′10″. 122°19′43″ W; WSW to 37°47′53″ N, (b) The regulations. (1) The area is re- 122°19′57″ W; SE to 37°47′46″ N, 122°20′00″ served exclusively for use by naval ves- W; SE to 37°47′41″ N, 122°19′52″ W; S to sels. Permission for any person or ves- 37°46′49″ N, 122°19′52″ W; E to 37°46′49″ N, sel to enter the area must be obtained 122°19′28″ W; SE to 37°46′46″ N, 122°19′21″ from the enforcing agency. W; E to 37°46′45″ N, 122°19′05″ W; SE to (2) The regulations in this section 37°46′38″ N, 122°18′59″ W; SSW to 37°46′18″ shall be enforced by the Commander, N, 122°19′05″ W; SE to 37°46′00″ N, U.S. Naval Base Los Angeles, Long 122°18′28″ W; E to 37°46′00″ N, 122°18′22″

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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 end of the rock wall on the south side of the U.S. Government or vessels duly of the channel and the easterly bound- authorized by the Commanding Officer, ary of the Naval Air Station. Naval Supply Center, Oakland, shall (b) The regulations. (1) No person shall enter this area. enter this area and no vessel or other (2) All vessels over 1,000 tons dis- craft, except vessels of the U.S. Gov- placement, bound for the Naval Supply ernment or vessels duly authorized by Center, Oakland, shall use a qualified the Commanding Officer, U.S. Naval pilot regularly licensed for the waters Air Station, Alameda, California, shall of Oakland Harbor. navigate, anchor or moor in the area [26 FR 11201, Nov. 28, 1961, as amended at 31 described in paragraph (a)(1) of this FR 6590, May 3, 1966. Redesignated at 50 FR section. 42696, Oct. 22, 1985; 51 FR 25198, July 11, 1986, (2) No person shall enter this area as amended at 62 FR 17557, Apr. 10, 1997] and no vessel without special author- ization of the Commander, Twelfth § 334.1050 Oakland Outer Harbor adja- cent to the Military Ocean Ter- Coast Guard District, shall lie, anchor minal, Bay Area, Pier No. 8 (Port of or moor in the area described in para- Oakland Berth No. 10); restricted graph (a)(2) of this section. Vessels area. may proceed through the entrance (a) The area. Within 100 feet of the channel in process of ordinary naviga- pier. tion or may moor alongside wharves on (b) The regulations. No persons and no the Oakland side of the channel. vessels or other craft, except vessels of [26 FR 11201, Nov. 28, 1961, as amended at 27 the U.S. Government or vessels duly FR 10484, Oct. 27, 1962. Redesignated at 50 FR authorized by the Commander, Oak- 42696, Oct. 22, 1985, and amended at 51 FR land Army Base, shall enter this area. 25198, July 11, 1986; 55 FR 3056, Jan. 30, 1990; 62 FR 17557, Apr. 10, 1997] [26 FR 11201, Nov. 28, 1961, as amended at 31 FR 6590, May 3, 1966. Redesignated at 50 FR § 334.1030 Oakland Inner Harbor adja- 42696, Oct. 22, 1985; 51 FR 25198, July 11, 1986, cent to Alameda Facility, Naval as amended at 62 FR 17557, Apr. 10, 1997] Supply Center, Oakland; restricted area. § 334.1060 Oakland Outer Harbor adja- cent to the Oakland Army Base; re- (a) The area. Within 100 feet of the Al- stricted area. ameda Facility wharf. (a) The area. Within 100 feet of the (b) The regulations. No persons and no wharves, piers or shore. vessels or other craft, except vessels of (b) The regulations. No persons and no the United States Government or ves- vessels or other craft, except vessels of sels duly authorized by the Com- the U.S. Government or vessels duly manding Officer, Naval Supply Center, authorized by the Commander, Oak- Oakland, shall enter this area. land Army Base, shall enter this area. [26 FR 11201, Nov. 28, 1961, as amended at 31 [26 FR 11201, Nov. 28, 1961, as amended at 31 FR 6590, May 3, 1966. Redesignated at 50 FR FR 6590, May 3, 1966. Redesignated at 50 FR 42696, Oct. 22, 1985; 51 FR 25198, July 11, 1986, 42696, Oct. 22, 1985; 51 FR 25198, July 11, 1986, as amended at 62 FR 17557, Apr. 10, 1997] as amended at 62 FR 17557, Apr. 10, 1997]

§ 334.1040 Oakland Harbor in vicinity § 334.1065 U.S. Coast Guard Station, of Naval Supply Center, Oakland; San Francisco Bay, Yerba Buena Is- restricted area and navigation. land, San Francisco Bay, California; (a) The area. Bounded by the shore of restricted area. the Naval Supply Center and the fol- (a) The area. San Francisco Bay on lowing lines: Beginning at a point on the east side of Yerba Buena Island: the north shore located at about lati- From a point along the southeastern

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shore of Yerba Buena Island at latitude § 334.1080 San Francisco Bay adjacent 37°48′27″ North, longitude 122°21′44″ to northeast corner of Treasure Is- West; east to latitude 37°48′27″ North, land; naval restricted area. longitude 122°21′35″ West; north to lati- (a) The area. Beginning at the inter- tude 37°48′49″ North, longitude 122°21′35″ section of Pier 21 and the bulkhead West, a point on the northeastern side line, thence northwesterly along the of Yerba Buena Island. bulkhead to the northernmost point of (b) The regulation. (1) All persons and Treasure Island; thence 288° true, 290 vessels are prohibited from entering yards; thence 26° true, 475 yards; thence the waters within the Restricted Area 115° 30′ true, 520 yards; thence 152° true, for any reason without prior written 500 yards to Pier 21; thence along the permission from the Commanding Offi- pier to the point of beginning. cer of the Coast Guard Group San (b) The regulations. No person shall enter the restricted area. No vessels, Francisco on Yerba Buena Island. except those engaged in naval oper- (2) Mooring, anchoring, fishing, tran- ations, shall lie, anchor, moor or un- sit and/or swimming shall not be al- necessarily delay in the area. Vessels lowed within the Restricted Area with- may pass through the area in the proc- out prior written permission from the ess of ordinary navigation except as di- Commanding Officer of the Coast rected by patrol boats. The regulations Guard Group San Francisco on Yerba in this paragraph shall be enforced by Buena Island. the Commandant, Twelfth Naval Dis- (c) Enforcement. The regulation in trict, and such agencies as he may des- this section shall be enforced by the ignate. Commanding Officer of the Coast [26 FR 11201, Nov. 28, 1961. Redesignated at 50 Guard Group San Francisco on Yerba FR 42696, Oct. 22, 1985; 51 FR 25198, July 11, Buena Island, and such agencies and 1986, as amended at 62 FR 17557, Apr. 10, 1997] persons as he/she shall designate. § 334.1090 San Francisco Bay in vicin- [69 FR 20547, Apr. 16, 2004] ity of the NSC Fuel Department, Point Molate restricted area. § 334.1070 San Francisco Bay between (a) The area. Bounded by the easterly Treasure Island and Yerba Buena Island; naval restricted area. shore of upper San Francisco Bay and the following lines: Beginning at a (a) The area. All the water of the cove point on shore bearing 17° 800 yards, bounded by the south shore of Treasure from ‘‘Tree’’ at Molate Point thence Island, the north shore of Yerba Buena 270°, 870 yards; thence 189° 1,100 yards; Island, and the connecting causeway, and thence 123° to the shore. west of a line extending from the (b) The regulations. Persons and ves- southeast corner of the most southerly sels not operating under supervision of of the four finger piers along the east the local military or naval authority side of Treasure Island, at about lati- or public vessels of the United States, tude 37°49′11″, longitude 122°21′40″, ap- shall not enter this area except by spe- proximately 153°20′ to the northeast- cific permission of the Commanding Of- erly point of Yerba Buena Island, at ficer, Naval Supply Center. about latitude 37°48′55″, longitude [26 FR 11201, Nov. 28, 1961, as amended at 42 122°21′30″. FR 17120, Mar. 31, 1977. Redesignated at 50 FR (b) The regulations. No person and no 42696, Oct. 22, 1985; 51 FR 25198, July 11, 1986, vessel or other craft, except vessels as amended at 62 FR 17558, Apr. 10, 1997] owned and operated by the U.S. Gov- § 334.1100 San Pablo Bay, Carquinez ernment or vessels duly authorized by Strait, and Mare Island Strait in vi- the Commanding Officer, Naval Sta- cinity of U.S. Naval Shipyard, Mare tion, Treasure Island, shall enter the Island; restricted area. restricted area. (a) The area. The waters of San Pablo [26 FR 11201, Nov. 28, 1961. Redesignated at 50 Bay, Carquinez Strait, and Mare Island FR 42696, Oct. 22, 1985; 51 FR 25198, July 11, Strait, within 100 yards of the shore of 1986, as amended at 62 FR 17557, Apr. 10, 1997] that part of the Navy Yard, Mare Is- land, south of the causeway between

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the City of Vallejo and Mare Island and § 334.1120 Pacific Ocean in the vicinity extending continuously therefrom of Point Mugu, Calif.; naval small southeasterly, southwesterly, and arms firing range. northwesterly around the Navy Yard to (a) The danger zone. A triangular area its northwesterly limit on the waters extending westerly into the waters of of San Pablo Bay, and the waters with- the Pacific Ocean from a point on the in 50 yards of any part of the berthing beach north of Point Mugu, California, piers at the Navy Yard. described as follows: Beginning at lati- (b) The regulations. No persons shall tude 34°05′32″, longitude 119°03′57″; enter this area and no vessels or other thence southwesterly approximately ° ′ ″ craft, except vessels of the U.S. Gov- 4,000 yards to latitude 34 04 22 , lon- ° ′ ″ ernment or vessels duly authorized by gitude 119 05 55 ; thence northwesterly approximately 1,500 yards to latitude the Commander, Mare Island Naval 34°05′01″, longitude 119°06′17″; thence Shipyard, Vallejo, California, shall northeasterly to the point of begin- navigate, anchor or moor in this area. ning. [26 FR 11201, Nov. 28, 1961, as amended at 27 (b) The regulations. (1) Range firing FR 10484, Oct. 27, 1962. Redesignated at 50 FR will normally take place between 6 42696, Oct. 22, 1985; 51 FR 25198, July 11, 1986, a.m. and 6 p.m., Thursday through as amended at 62 FR 17558, Apr. 10, 1997] Monday, and between 6 a.m. and 11:30 p.m., Tuesday and Wednesday of each § 334.1110 Suisun Bay at Naval Weap- week. Within the above periods, firing ons Station, Concord; restricted will be conducted as determined by the area. Commanding Officer, U.S. Naval Con- (a) The area. Beginning at a point on struction Battalion Center, Port Hue- the shore and on the easterly side of neme, Calif. the mouth of a small slough (known as (2) Except as otherwise provided in Hastings Slough) bearing 189°, 2,412 this section, the danger zone will be yards from Tripon at Preston Point on open to fishing and general navigation. Roe Island; thence 340°30′, 400 yards, to (3) The Commanding Officer, U.S. the shore line of the westerly of the Naval Construction Battalion Center, two Seal Islands; thence 60°30′, 940 Port Hueneme, California, will an- nounce firing schedules. Each week, yards; thence 75°, 1,650 yards; thence public notices will be issued giving ad- 102°, 1,850 yards; thence 99°, 1,880 yards; vance firing schedules. Such notices thence 180°, 435 yards, to the shore line; will appear in the local newspapers and thence following the high water shore in local ‘‘Notice to Mariners,’’ and line in a general westerly direction to ‘‘Notice to Airmen.’’ For the benefit of the point of beginning. fishermen and smallcraft operators, an- (b) The regulations. (1) No person, ves- nouncements will be made on the ma- sel, watercraft, conveyance or device rine radio. shall enter or cause to enter or remain (4) When a scheduled firing is about in this area. No person shall refuse or to be undertaken or is in progress, a fail to remove any person or property large red flag will be displayed from in his custody or under his control the control tower situated at latitude from this area upon the request of the 34°05′32″, longitude 119°03′57″, so as to be Commanding Officer of the Naval clearly visible for a distance of at least Weapons Station Concord or his/her au- three (3) miles offshore. Safety observ- thorized representative. ers will be on duty at all times when (2) The regulations in this section the warning flag is being displayed shall be enforced by the Commanding from the tower. Upon completion of fir- Officer, Naval Weapons Station Con- ing, or if the scheduled firing is can- cord, and such agencies as he/she shall celed for any reason, fishermen and small-boat operators will be notified as designate. far in advance as possible by Marine [26 FR 11201, Nov. 28, 1961, as amended at 42 Radio Broadcast. FR 17120, Mar. 31, 1977. Redesignated at 50 FR (5) Persons, vessels or other craft 42696, Oct. 22, 1985, as amended at 61 FR 43970, shall not enter or remain in the danger Aug. 27, 1996] zone when the warning flag is being

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displayed unless authorized to do so by ators will be notified as far in advance the range officer in the control tower. as possible by Marine Radio Broadcast. (6) The regulations in this section (4) Persons, vessels or other craft shall be enforced by the Commandant, shall not enter or remain in the danger Eleventh Naval District, San Diego, zone when the warning flag or beacon California, and such agencies as he is being displayed unless authorized to may designate. do so by the range officer in the con- 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. Redesignated at 50 FR 42696, Oct. 22, 1985, as shall be enforced by personnel attached amended at 62 FR 17558, Apr. 10, 1997] to the Naval Air Weapons Station, Point Mugu, California, and by such § 334.1125 Pacific Ocean Naval Air other agencies as the Commandant, Weapons Station, Point Mugu, Eleventh Naval District, San Diego, Small Arms Range, Ventura County, California, may designate. California; danger zone. [62 FR 40278, July 28, 1997] (a) The area. A triangular area ex- tending southerly into the waters of § 334.1126 Naval Base Ventura County, the Pacific Ocean from a point on the Point Mugu, California; restricted beach north of Point Mugu, California, area. as follows: (a) The area. The restricted area at Naval Base Ventura County Point Station Latitude Longitude Mugu incorporates its shoreline and 1 ...... 34°05′48″ N ...... 119°07′03″ W. connects the following points: latitude 2 ...... 34°03′20″ N ...... 119°08′16″ W. 34°7′9.9″, longitude 119°9′35.6″ (up-coast ° ′ ″ ° ′ ″ 3 ...... 34 03 11 N ...... 119 07 39 W. shoreline point); latitude 34°7′0.0″, lon- 4 ...... 34°05′42″ N ...... 119°06′59″ W. 5 ...... 34°05′41″ N ...... 119°06′51″ W. gitude 119°9′46.7″ latitude 34°6′44.9″, lon- 6 ...... 34°05′45″ N ...... 119°06′52″ W. gitude 119°9′22.5″; latitude 34°6′30.2″, lon- gitude 119°8′59.0″; latitude 34°6′20.5″, lon- (b) The regulations. (1) Range firing gitude 119°8′46.7″; latitude 34°6′8.4″, lon- will normally take place between 7 gitude 119°8′25.2″; latitude 34°5′53.7″; lon- a.m. and 5 p.m. Monday through Fri- gitude 119°7′59.5″; latitude 34°5′45.9″, lon- day. gitude 119°7′41.5″; latitude 34°5′40.1″, lon- (2) The danger zone may be used at gitude 119°7′21.0″; latitude 34°5′33.6″, lon- all times for navigation and fishing, ex- gitude 119°6′58.1″; latitude 34°5′31.2″, lon- cept when advance notice of intention gitude 119°6′37.9″; latitude 34°5′31.0″, lon- to use this area has been given by the gitude 119°6′22.2″; latitude 34°5′32.9″, lon- enforcing agency by one or more of the gitude 119°6′14.4″; latitude; 34°5′44.7″, following means: longitude 119°5′54.0″; latitude 34°5′45.2″, (i) Notice published in Ventura Coun- longitude 119°5′43.5″; latitude 34°5′41.0″, ty daily newspaper, at least two days longitude 119°5′21.2″; latitude 34°5′42.2″, in advance of the date of said use and longitude 119°5′13.3″; latitude 34°5′27.8″, in the local ‘‘Notice to Mariners.’’ longitude 119°4′49.5″; latitude 34°5′17.9″, (ii) Display of red flag from the tower longitude 119°4′27.9″; latitude 34°5′5.7″, at 34°05′53″ N., 119°06′59″ W; or display of longitude 119°3′59.90″; latitude; red flashing beacons in the case of 34°5′17.9″, longitude 119°3′55.4″ (down- night firing. coast shoreline point). (iii) Radio broadcast on VHF-FM (b) The regulation. No vessels may channel 16. enter the restricted area unless permis- (iv) Notice to individual craft by sion is obtained in advance from the visit of United States vessel. Commanding Officer of Naval Base (v) Telephone advice to such fisher- Ventura County. Contact Naval Base man’s organizations as may request, in Ventura County Security at (805) 989– writing, that such advice be given. 7907. (3) Safety observers will be on duty (c) Enforcement. The regulation in at all times when the range is in use. this section, promulgated by the Upon completion of firings, or if the United States Army Corps of Engi- scheduled firing is canceled for any neers, shall be enforced by the Com- reason, fishermen and small boat oper- manding Officer of Naval Base Ventura

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County, and such agencies or persons § 334.1130 Pacific Ocean, Western as he/she may designate. Space and Missile Center (WSMC), Vandenberg AFB, Calif.; danger [69 FR 20546, Apr. 16, 2004] zones. § 334.1127 Naval Base Ventura County, (a) The Area. (1) The waters of the Pa- Port Hueneme, California; re- cific Ocean in an area extending sea- stricted area. ward from the shoreline a distance of about three nautical miles and basi- (a) The area. The waters within Port cally outlined as follows: Hueneme Harbor, beginning at the sea- ward ends of the two Port Hueneme Station Latitude Longitude Harbor entrance jetties, with the Point Sal 34°54′08″ 120°40′15″ northwestern entrance jetty end occur- 1 34°54′08″ 120°44′00″ ring at latitude 34°8′37.0″ N., longitude 2 34°52′48″ 120°44′00″ 3 34°50′00″ 120°40′30″ 119°12′58.8″ W. and the southeastern en- 4 34°44′50″ 120°42′15″ trance jetty occurring at latitude 5 34°41′50″ 120°40′12″ 34°8′34.8″ N, longitude 119°12′43.2″ W., 6 34°35′12″ 120°42′45″ 7 34°33′00″ 120°41′05″ and extending northeasterly to the 8 34°30′40″ 120°37′29″ shoreline. 9 34°24′18″ 120°30′00″ 10 34°23′34″ 120°27′05″ (b) The regulation. No vessels or per- 11 34°24′21″ 120°24′40″ sons may enter the restricted area un- 12 34°27′20″ 120°24′40″ less permission is obtained in advance Point Sal 34°54′08″ 120°40′15″ from the Commanding Officer of Naval Base Ventura County. Commercial ves- (2) The danger area described in para- graph (a)(1) of this section will be di- sels that are required to make Ad- vided into zones in order that certain vanced Notifications of Arrival shall firing tests and operations, whose char- continue to do so. All vessels must ob- acteristics as to range and reliability tain clearance from ‘‘Control 1’’ over permit, may be conducted without re- marine radio channel 06 VHF-FM prior quiring complete evacuation of the en- to crossing the COLREGS (Collision tire area. These zones are described as Regulations) demarcation line. Vessels follows: without marine radio capability must (i) Zone 1. An area extending seaward obtain clearance in advance by con- about three nautical miles from the tacting ‘‘Control 1’’ via telephone at shoreline beginning at Point Sal, lati- (805) 982–3938 prior to crossing the tude 34°54′08″, longitude 120°40′15″; COLREGS demarcation line. The thence due west to latitude 34°54′08″, COLREGS demarcation line is defined longitude 120°44′00″; thence to latitude as a line approximately 1,500 feet in 34°52′48″, longitude 120°44′00″; thence to length connecting the seaward limits latitude 34°50′00″, longitude 120°40′30″; or ends of the two Port Hueneme Har- thence due east to the shoreline at lati- bor entrance jetties, with the north- tude 34°50′00″, longitude 120°36′30″. western jetty end occurring at latitude (ii) Zone 2. An area extending sea- 34°8′37.0″ N., longitude 119°12′58.8″ W., ward about three nautical miles from and the southeastern entrance jetty oc- the shoreline beginning at latitude ° ′ ″ ° ′ ″ curring at latitude 34°8′34.8″ N., lon- 34 50 00 , longitude 120 36 30 ; thence due ° ′ ″ gitude 119°12′43.2″ W. (NAD83). west to latitude 34 50 00 , longitude 120°40′30″, thence to latitude 34°45′28″, (c) Enforcement. The regulation in longitude 120°42′05″; thence due east to this section, promulgated by the the shoreline at Purisima Point, lati- United States Army Corps of Engi- tude 34°45′28″, longitude 120°38′15″. neers, shall be enforced by the Com- (iii) Zone 3. An area extending sea- manding Officer of Naval Base Ventura ward about three nautical miles from County, and such agencies or persons the shoreline beginning at Purisima as he/she may designate. Point latitude 34°45′28″, longitude ° ′ ″ [69 FR 20545, Apr. 16, 2004] 120 38 15 ; thence due west to latitude 34°45′28″, longitude 120°42′05″; thence to latitude 34°44′50″, longitude 120°42′15″; thence to latitude 34°41′50″, longitude

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120°40′12″; thence due east to the shore- latitude 34°24′21″, longitude 120°24′40″; line at the mouth of the Santa Ynez thence due north to the shoreline at River, latitude 34°41′50″, longitude latitude 34°27′20″, longitude 120°24′40″. 120°36′20″. (b) The regulations. (1) Except as pre- (iv) Zone 4. An area extending sea- scribed in this section or in other regu- ward about three nautical miles from lations, the danger zone will be open to the shoreline beginning at the mouth fishing, location of fixed or movable oil of the Santa Ynez River latitude drilling platforms and general naviga- 34°41′50″, longitude 120°36′20″; thence due tion without restrictions. west to latitude 34°41′50″, longitude (2) The stopping or loitering by any 120°40′12″; thence to latitude 34°35′12″; person or vessel is expressly prohibited longitude 120°42′45″; thence latitude within Danger Zone 4, between the 34°34′32″, longitude 120°42′15″, thence due mouth of the Santa Ynez River and east to the shoreline at Point Arguello, Point Arguello, unless prior permission latitude 34°34′32″, longitude 120°39′03″. is obtained from the Commander, (v) Zone 5. An area extending seaward Western Space and Missile Center about three nautical miles from the (WSMC) at Vandenberg AFB, Cali- shoreline beginning at Point Arguello, fornia. latitude 34°34′32″, longitude 120°39′03″; (3) The impacting of missile debris thence due west to latitude 34°34′32″, from launch operations will take place longitude 120°42′15″; thence to latitude in any one or any group of zones in the 34°33′00″, longitude 120°41′05″; thence to danger areas at frequent and irregular latitude 34°30′40″, longitude 120°37′29″; intervals throughout the year. The thence due north to the shoreline at Commander, WSMC, will announce in latitude 34°33′15″, longitude 120°37′29″. advance, the closure of zones hazarded (vi) Zone 6. An area extending sea- by missile debris impact. Such advance ward about three nautical miles from announcements will appear in the the shoreline beginning at latitude weekly ‘‘Notice to Mariners.’’ For the 34°33′15″, longitude 120°37′29″; thence due benefit of fishermen, small craft opera- south to latitude 34°30′40″, longitude tors and drilling platform operators, 120°37′29″; thence due east to the shore- announcements will also be made on line at latitude 34°30′40″, longitude radio frequency 2182 kc, 2638 kc, VHF 120°30′10″. channel 6 (156.30 MHZ), VHF channel 12 (vii) Zone 7. An area extending sea- (156.60 MHZ), and VHF channel 16 ward about three nautical miles from (156.80 MHZ) for daily announcements. the shoreline beginning at latitude Additionally, information will be post- 34°30′40″, longitude 120°30′10″; thence due ed on notice boards located outside west to latitude 34°30′40″, longitude Port Control Offices (Harbormasters) 120°37′29″; thence to latitude 34°26′56″, at Morro Bay, Port San Luis, Santa longitude 120°33′06″; thence due east to Barbara, Ventura, Channel Islands, and the shoreline at Point Conception, lati- Port Hueneme Harbors, and any estab- tude 34°26′56″, longitude 120°28′10″. lished harbor of refuge between Santa (viii) Zone 8. An area extending sea- Barbara and Morro Bay. ward about three nautical miles from (4) All fishing boats, other small the shoreline beginning at Point Con- craft, drilling platforms and shipping ception, latitude 34°26′56″, longitude vessels with radios are requested to 120°28′10″; thence due west to latitude monitor radio frequency 2182 kc, 2638 34°26′56″, longitude 120°33′06″; thence to kc, VHF channel 6 (156.30 MHZ), VHF latitude 34°24′18″, longitude 120°30′00″; channel 12 (156.60 MHZ), or channel 16 thence to latitude 34°23′34″, longitude (156.80 MHZ) while in these zones for 120°27′05″; thence shoreward to Point daily announcements of zone closures. Conception, latitude 34°26′56″, longitude (5) When a scheduled launch oper- 120°28′10″. ation is about to begin, radio broadcast (ix) Zone 9. An area extending sea- notifications will be made periodically, ward about three nautical miles from starting at least 24 hours in advance. the shoreline beginning at Point Con- Additional contact may be made by ception, latitude 34°26′56″, longitude surface patrol boats or aircraft 120°28′10″; thence seaward to latitude equipped with a loudspeaker system. 34°23′34″, longitude 120°27′05″; thence to When so notified, all persons and all

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vessels shall leave the specified zone or Latitude (N) Longitude (W) zones immediately by the shortest Point G 34°09′18″ 120°23′17″ route. Point H 34°03′09″ 120°23′17″ (6) The Commander, WSMC, will ex- tend full cooperation relating to the (b) Markers. Range markers, as delin- public use of the danger area and will eated below, are installed at points A fully consider every reasonable request and H for navigational purposes for for its use in light of requirements for both surface vessels and aircraft: national security and safety of persons (1) At point A two triangular mark- and property. ers are installed facing southward, 10 (7) Where an established harbor of feet in length on each side, with red refuge exists, small craft may take and white diagonal stripes, each mark- shelter for the duration of zone closure. er mounted atop 80-foot poles spaced (8) Fixed or movable oil drilling plat- 100 yards apart, each pole being placed forms located in zones identified as on the line of longitude 120°23′17″ W. hazardous and closed in accordance and near the southerly shoreline at with this regulation shall cease oper- latitude 34°01′32″ N. The southernmost ations for the duration of the zone clo- marker is 20 feet below the other. sure. The zones shall be closed continu- (2) At point H two triangular mark- ously no longer than 72 hours at any ers are installed facing true north 10 one time. Such notice to evacuate per- feet in length on each side, with red sonnel shall be accomplished in accord- and white diagonal stripes, each mark- ance with procedures as established by er mounted atop 80-foot poles spaced the Commander, WSMC, the U.S. De- 100 yards apart, each pole being placed partment of the Interior, Minerals on the line of longitude 120°23′17″ W. Management Service and the oil indus- and near the northwesterly shoreline try in the adjacent waters of the outer at latitude 34°03′09″ N. The northern- continental shelf. most marker is 20 feet below the other. (9) No seaplanes, other than those ap- (c) The regulations. (1) Except as pre- proved by the Commander, WSMC, may scribed in this section or in other regu- enter the danger zones during launch lations, the danger zone will be open to closure periods. fishing and general navigation. Bomb (10) The regulations in this section drops between designated hours are ex- shall be enforced by personnel attached pected to be intermittent, and when to WSMC and by such other agencies as safe to do so, commercial fishing boats may be designated by the Commander, and other small craft will be granted WSMC. permission to proceed through the dan- (11) The regulations in this section ger zone. All vessels permitted to enter shall be in effect until further notice. the zone during a scheduled bomb drop They shall be reviewed again during period, other than those owned or oper- August 1994. ated by the U.S. Government, shall (33 U.S.C. 1, 3) proceed across the zone by the most di- rect route and clear the area as soon as [48 FR 19025, Apr. 27, 1983. Redesignated at 50 FR 42696, Oct. 22, 1985, and amended at 54 FR possible. When bomb drops are not 31142, July 26, 1989; 62 FR 17558, Apr. 10, 1997] scheduled, the zone may be occupied without restriction. § 334.1140 Pacific Ocean at San Miguel (2) The anchoring, stopping or loi- Island, Calif.; naval danger zone. tering by any person, vessel, fishing (a) The area. The waters around San boat or recreational craft within the Miguel Island, extending about 3 miles danger zone during scheduled firing/ seaward from the shoreline within the drop hours is expressly prohibited. following points: (3) The bomb drops will take place in the danger zone at frequent and irreg- Latitude (N) Longitude (W) ular intervals throughout the year. Point A 34°01′32″ 120°23′17″ Danger zone usage demands are identi- Point B 33°58′48″ 120°23′17″ fied in the Eleventh Coast Guard Dis- Point C 33°58′48″ 120°15′00″ trict, ‘‘Local Notice of Mariners.’’ An- Point D 34°02′50″ 120°15′00″ Point E 34°05′45″ 120°17′25″ nouncements will also be made on ma- Point F 34°07′00″ 120°20′05″ rine radio channel 16, at 0800 local

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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 (5) No seaplanes, other than those ap- week, between dawn and midnight from proved for entry by the Commander, Monday through Friday and between PMTC, may enter the danger zone dur- dawn and dusk on Saturday and Sun- ing firing periods. day. (6) Landing by any vessel or going (ii) The area between the 5,000 yard ashore by any person on San Miguel Is- short range and the 8,000 yard seaward land is specifically prohibited without boundary of the danger zone may be prior permission of the Superintendent, used at all times for navigation and Channel Islands National Park. Appli- fishing, except when advance notice of cations for such permission should be intention to use this area has been made to: Superintendent, Channel Is- given by the enforcing agency by one lands National Park, 1699 Anchors Way or more of the following means. Drive, Ventura, California 93003. (a) Notice published in Monterey (7) The regulations in this section County and Santa Cruz County daily shall be enforced by personnel attached newspapers, at least two days in ad- to the Pacific Missile Test Center, vance of the date of said use. Point Mugu, California, and by such (b) Display of red flags at Indian other agencies as the Commandant, Head Beach and near the Point Pinos 11th Naval District, San Diego, Cali- Lighthouse. fornia, may designate. (c) Radio Broadcast. (8) The regulations in this section (d) Notice to individual craft by a shall be in effect until further notice. visit of a U.S. vessel. They shall be reviewed in 1986. (e) Telephone advice to such fisher- (Sec. 7, 40 Stat. 266, Chap. XIX, 40 Stat. 892; men’s organizations as may request, in 33 U.S.C. 1, 3) writing, that such advice be given. [31 FR 816, Jan. 21, 1966, as amended at 47 FR (iii) The regulations in this para- 4990, Feb. 3, 1982. Redesignated at 50 FR graph will be enforced by the Com- 42696, Oct. 22, 1985, as amended at 62 FR 17558, manding General, Fort Ord, California. Apr. 10, 1997] (b) Navy mining operations area—(1) The danger zone. Shoreward of a line § 334.1150 Monterey Bay, Calif. beginning at the stack at about lati- (a) Firing range, Fort Ord, Calif.—(1) tude 36°58′06″, longitude 121°54′06″; The danger zone. (i) A rectangular area thence 230° true, 6.0 miles; thence 140° in Monterey Bay, the southerly limit true, 7.5 miles; thence 50° true to the of which is an extension seaward of the shore. southerly line of the Fort Ord Military (2) The regulations. The danger zone Reservation boundary and bears 307° will be used for training in various true, 8,000 yards from a point on the phases of mine warfare operations. shore at latitude 36°37′47″, longitude During the period from August 1 to 121°50′28″, and the northerly limit of February 15, inclusive, each year, no which is a line bearing 307° true, 8,000 operations will be carried on which will yards, from a point on the shore at involve placing any obstructions in the latitude 36°41′57″, longitude 121°48′30″, water nor will any operations be car- opposite Marina, Monterey County, ried on at night. During the period

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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 [13 FR 8301, Dec. 24, 1948. Redesignated at 14 operations. All firing will be from the 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 § 334.1160 San Pablo Bay, Calif.; target Mariners issued by the U.S. Coast practice area, Mare Island Naval Guard and the area will be patrolled by Shipyard, Vallejo. boat and searched by radar to insure a (a) The danger zone. A sector in San clear range. A safety officer will al- Pablo Bay adjacent to the westerly ways be aboard the firing boat to guar- shore of Mare Island with a radius of antee that all safety precautions are 4,700 yards, centered at a point bearing observed. The regulations in this sec- 316° true, 3,605 yards, from Mare Island tion will be enforced by the Com- Strait Light 1, with limiting true bear- mandant, 12th Naval District and such ings from that center of 266°30′ and 222°. agencies as he may designate. (b) The regulations. The Commander, [31 FR 13992, Nov. 2, 1966, as amended at 34 Mare Island Naval Shipyard, Vallejo, FR 5723, Mar. 27, 1969; 35 FR 9279, June 13, California, will conduct target practice 1970; 42 FR 40196, Aug. 9, 1977. Redesignated in the area at intervals of which the at 50 FR 42696, Oct. 22, 1985, as amended at 62 public will be duly notified. At such FR 17558, Apr. 10, 1997] times all persons and vessels shall stay clear. § 334.1180 Strait of Juan de Fuca, Wash.; air-to-surface weapon range, [13 FR 8302, Dec. 24, 1948. Redesignated at 14 restricted area. FR 4904, Aug. 9, 1949, and amended at 27 FR 10484, Oct. 27, 1962; 37 FR 9995, May 18, 1972. (a) The restricted area. A circular area Redesignated at 50 FR 42696, Oct. 22, 1985, as immediately west of Smith Island with amended at 62 FR 17558, Apr. 10, 1997] a radius of 1.25 nautical miles having its center at latitude 48°19′11″ North § 334.1170 San Pablo Bay, Calif.; gun- and longitude 122°54′12″ West. In the nery range, Naval Inshore Oper- ations Training Center, Mare Is- center of the area will be located a land, Vallejo. lighted and radar reflective buoy to serve as a navigational aid to mariners. (a) The Danger Zone. A sector in San The area will be used for air-to-surface Pablo Bay delineated by lines joining target practice using non-explosive the following points: training devices. Latitude Longitude (b) The regulations. (1) No person, ves- sel or other watercraft shall enter or 38°02′08″ 122°25′17″ 38°02′21″ 122°22′55″ remain within the designated re- 38°05′48″ 122°19′34″ stricted area between 0700 and 1200 38°07′46″ 122°23′23″ hours daily, local time except as au- thorized by the enforcing agency and NOTE: The danger zone shall be used until September 30, 1982, after which it shall be as follows: The area will be open to subject to review to determine the further commercial gill net fishing during need thereof. scheduled fishing periods from June 15 (b) The regulations. The Commanding to October 15 annually. The October 15 Officer, Coastal River Division Eleven, closure date will be extended by the en- Department of the Navy, Mare Island, forcing agency if determined as advan- Vallejo, California, will conduct gun- tageous to the commercial gill net

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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 Washington, and such agencies as he 47°39′27″, longitude 122°52′22″; thence may designate. northeasterly to latitude 47°40′19″, lon- (Sec. 7, 40 Stat. 266, Chap. XIX) gitude 122°50′10″; thence northeasterly to a point on the mean high water line [39 FR 44753, Dec. 27, 1974; 40 FR 6502, Feb. 12, at Takutsko Pt.; thence northerly 1975. Redesignated at 50 FR 42696, Oct. 22, 1985, as amended at 62 FR 17558, Apr. 10, 1997] along the mean high water line to lati- tude 47°48′00″; thence west on latitude § 334.1190 Hood Canal and Dabob Bay, 47°48′00″ to the mean high water line on Wash.; naval non-explosive torpedo the Bolton Peninsula; thence south- testing area. westerly along the mean high water (a) Hood Canal in vicinity of Bangor— line of the Bolton Peninsula to a point (1) The area. All waters of Hood Canal on longitude 122°51′06″; thence south on between latitude 47°46′00″ and latitude longitude 122°51′06″ to the mean high 47°42′00″, exclusive of navigation lanes water line at Whitney Pt.; thence along one-fourth nautical mile wide along the mean water line to a point on lon- the west shore and along the east shore gitude 122°51′15″; thence southwesterly south from the town of Bangor (lati- to the point of beginning. tude 47°43′28″). (2) The regulations. (i) Propeller-driv- (2) The regulations. (i) The area will en or other noise-generating craft shall be used intermittently by the Navy for not work their screws or otherwise non-explosive torpedo ranging. Launch- generate other than incidental noise in ing will be conducted only between 8:00 the area during periods of actual test- a.m., and sunset on days other than ing, which will be indicated by flashing Saturdays, Sundays, and holidays. At red beacons at strategic locations, and no time will the navigation lanes gen- all craft shall keep well clear of vessels erally paralleling the shore be closed engaged in such testing. to navigation. (ii) No vessel shall trawl or drag in (ii) Navigation will be permitted the area. within the area at all times except (iii) No vessel shall anchor in the when naval exercises are in progress. area except between the shore and the No vessel shall enter or remain in the 10-fathom depth line. area when such exercises are in (iv) Operations will normally be con- progress. Prior to commencement of an fined to the period from about 9:30 exercise, the Navy will make an aerial a.m., to 2:30 p.m., on Mondays through or surface reconnaissance of the area. Fridays, and will normally consist of Vessels under way and laying a course intermittent tests of less than 30 min- through the area will not be interfered utes duration, with boat passage per- with, but they shall not delay their mitted between tests. Transits of log- progress. Vessels anchored or cruising tows and other slow-moving traffic will in the area and vessels unobserved by be arranged on a mutually satisfactory the Navy reconnaissance which enter individual basis as appropriate. Emer- or are about to enter the area while a gencies or high-priority projects may torpedo is in the water will be con- occasionally cause operations outside tacted by a Navy patrol boat and ad- the periods specified above. No oper- vised to steer clear. Torpedos will be ations will be conducted on Sundays.

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(c) The regulations in this section coast line to latitude 48°12.5′ N.; thence shall be enforced by the Commandant, southerly to the point of beginning. Thirteenth Naval District, and such (2) The regulations. (i) Use of any agencies as he may designate. equipment such as anchors, fishing gear, grapnels, etc., which may foul un- [26 FR 6515, July 20, 1961. Redesignated at 50 FR 42696, Oct. 22, 1985] derwater installations within the re- stricted area, is prohibited. Dumping of § 334.1200 Strait of Juan de Fuca, east- any non-buoyant objects in this area is ern end; off the westerly shore of prohibited. Whidbey Island; naval restricted (ii) The regulations in this paragraph areas. shall be enforced by the Commander, (a) Area No. 1. Bounded by a line com- Naval Base, Seattle, and such agencies mencing at latitude 48°20′57″ N., lon- as he/she may designate. gitude 122°40′39″ W.; thence to latitude ° ′ ″ ° ′ ″ [26 FR 11203, Nov. 28, 1961. Redesignated at 50 48 20 40 N., longitude 122 42 59 W.; FR 42696, Oct. 22, 1985] thence to latitude 48°21′19″ N., lon- gitude 122°43′02″ W.; thence to latitude EDITORIAL NOTE: For FEDERAL REGISTER ci- 48°21′13″ N., longitude 122°40′26″ W.; and tations affecting § 334.1210, see the List of CFR Sections Affected, which appears in the thence along the shore line to the point Finding Aids section of the printed volume of beginning. and at www.fdsys.gov. (b) Area No. 2. Bounded by a line com- mencing at latitude 48°21′53″ N., lon- § 334.1215 Port Gardner, Everett Naval gitude 122°40′00″ W.; thence to latitude Base, naval restricted area, Everett, 48°23′12″ N., longitude 122°41′17″ W.; Washington. thence to latitude 48°23′29″ N., lon- (a) The area. The waters of Port gitude 122°40′22″ W.; thence to latitude Gardner and East Waterway sur- 48°22′21″ N., longitude 122°39′50″ W.; and rounding begin- thence along the shore line to the point ning at Point 1, a point near the north- of beginning. west corner of Naval Station Everett (c) The regulations. (1) Persons and at latitude 47°59′40″ North, longitude vessels shall not enter these areas ex- 122°13′23.5″ West and thence to latitude cept at their own risk. 47°59′40″ North, longitude 122°13′30″ West (2) All persons and vessels entering (Point 2); thence to latitude 47°59′20″ these areas shall be obliged to comply North, longitude 122°13′33″ West (Point with orders received from naval 3); thence to latitude 47°59′13″ North, sources pertaining to their movements longitude 122°13′38″ West (Point 4); while in the areas. thence to latitude 47°59′05.5″ North, lon- (3) The regulations in this paragraph gitude 122°13′48.5″ West (Point 5); shall be enforced by the Commander, thence to latitude 47°58′51″ North, lon- Naval Base, Seattle, and such agencies gitude 122°14′04″ West (Point 6); thence as he/she may designate. to latitude 47°58′45.5″ North, longitude ° ′ ″ [26 FR 11203, Nov. 28, 1961. Redesignated at 50 122 13 53 West (Point 7); thence to lati- FR 42696, Oct. 22, 1985] tude 47°58′45.5″ North, longitude 122°13′44″ West (Point 8); thence to lati- EDITORIAL NOTE: For FEDERAL REGISTER ci- ° ′ ″ ° ′ ″ tations affecting § 334.1200, see the List of tude 47 58 48 North, longitude 122 13 40 CFR Sections Affected, which appears in the West (Point 9); thence to latitude Finding Aids section of the printed volume 47°58′59″ North, longitude 122°13′30″ West and at www.fdsys.gov. (Point 10); thence to latitude 47°59′14″ North, longitude 122°13′18″ West (Point § 334.1210 Admiralty Inlet, entrance; 11); thence to latitude 47°59′13″ North, naval restricted area. longitude 122°13′12″ West (Point 12); (a) Admiralty Inlet, entrance; naval re- thence to latitude 47°59′20″ North, lon- stricted area—(1) The area. Beginning at gitude 122°13′08″ West (Point 13); thence Light thence southwest- to latitude 47°59′20″ North, longitude erly along the coast line to latitude 122°13′02.5″ West (Point 14), a point upon 48°07′ N.; thence northwesterly to a the Naval Station’s shore in the north- point at latitude 48°15′ N. longitude east corner of East Waterway. 123°00′ W.; thence due east to Whidbey (b) The regulation. (1) All persons and Island; thence southerly along the vessels are prohibited from entering

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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 (c) Enforcement. The regulation in Bangor, or his/her authorized rep- this section, promulgated by the resentative. United States Army Corps of Engi- [69 FR 272, Jan. 5, 2004] neers, shall be enforced by the Com- manding Officer, Naval Station Everett § 334.1230 Port Orchard; naval re- and such agencies and persons as he/she stricted area. shall designate. (a) Port Orchard; naval restricted [67 FR 36525, May 24, 2002] area—(1) The area. Shoreward of a line beginning at a point on the west shore- § 334.1220 Hood Canal, Bangor; naval line of Port Orchard bearing 90° from restricted areas. stack (at latitude 47°42′01″, longitude 122°36′54″); thence 90°, approximately (a) Hood Canal, Bangor; Naval re- 190 yards, to a point 350 yards from stricted areas—(1) Area No. 1. That area stack; thence 165°, 6,000 yards, to a bounded by a line commencing on the point bearing 179°, 1,280 yards, from east shore of Hood Canal at latitude 47 Battle Point Light; thence westerly to ′ ″ ′ ″ deg.46 18 N, longitude 122 deg.42 18 W; the shoreline at latitude 47°39′08″ (ap- ′ ″ thence latitude 47 deg.46 32 N, lon- proximate location of the Brownsville ′ ″ gitude 122 deg.42 20 W; thence to lati- Pier). ′ ″ tude 47 deg.46 38 N, longitude 122 (2) The regulations. (i) No vessel shall, ′ ″ deg.42 52 W; thence to latitude 47 at any time, anchor or tow a drag of ′ ″ ′ ″ deg.44 15 N, longitude 122 deg.44 50 W; any kind in this area. thence to latitude 47 deg.43′53″ N, lon- (ii) The regulations in this paragraph gitude 122 deg.44′58″ W; thence to lati- shall be enforced by the Commander, tude 47 deg.43′17’’ N, longitude 122 Naval base, Seattle, and such agencies deg.44′49″ W. as he/she may designate. (2) Area No. 2. Waters of Hood Canal within a circle of 1,000 yards diameter [26 FR 11203, Nov. 28, 1961. Redesignated at 50 FR 42696, Oct. 22, 1985] centered on a point located at latitude 47 deg.46′26″ N, longitude 122 deg.42′49″ EDITORIAL NOTE: For FEDERAL REGISTER ci- W. tations affecting § 334.1230, see the List of (3) The regulations—(i) Area No. 1. No CFR Sections Affected, which appears in the Finding Aids section of the printed volume person or vessel shall enter this area and at www.fdsys.gov. without permission from the Com- mander, Naval Submarine Base Ban- § 334.1240 Sinclair Inlet; naval re- gor, or his/her authorized representa- stricted areas. tive. (a) Sinclair Inlet: naval restricted (ii) Area No. 2. (A) The area will be areas—(1) Area No. 1. All the waters of used intermittently by the Navy for Sinclair Inlet westerly of a line drawn magnetic silencing operations. from the Bremerton Ferry Landing at (B) Use of any equipment such as an- latitude 47°33′48″ North, longitude chors, grapnels, etc., which may foul 122°37′23″ West on the north shore of underwater installations within the re- Sinclair Inlet; and latitude 47°32′52″ stricted area, is prohibited at all times. North, longitude 122°36′58″ West, on the (C) Dumping of any nonbuoyant ob- south shore of Sinclair Inlet. jects in this area is prohibited. (2) Area No. 2. That area of Sinclair (D) Navigation will be permitted Inlet to the north and west of an area within that portion of this circular bounded by a line commencing at lati- area not lying within Area No. 1 at all tude 47°33′40″ North, longitude 122°37′32″

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

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of any kind within 1,000 yards of the next run. Clearance to traverse the buoy testing area. area around Green Point will be indi- (iv) The remainder of the area shall cated by extinguishing the red flashing be open to navigation at all times ex- beacon lights and displaying the green cept when the range is in use or when flashing beacon lights on all signal hydrophones are being calibrated. towers. When the range is in use or hydro- (c) Non-powered marine craft shall phones are being calibrated, quick not operate within one mile of the flashing beacon lights will be displayed course line bearing 134°38′21″ (314°38′21″) on signal towers located at Gibson true, and within two miles to the Point, Green Point, Penrose Point, southeast and two miles to the north- Pitt Island and Hyde Point. These bea- west of the hydrophone buoys situated con lights will be either red or green. in Carr Inlet opposite Ketner’s Point; The beacon lights will show quick provided, however, non-powered craft flashing every two seconds. The rang- may operate within four hundred yards ing of vessels or calibration of hydro- of the low water mark on the northeast phones requiring retrictions will be side of McNeil Island, within two hun- conducted 24 hours per day for up to 5 dred yards of the low water mark at days consecutively, and will total ap- Green Point, and within two hundred proximately 150 days spread through- yards of the low water mark on the out the year. Shutting off of beacon southwest shore of Fox Island. lights will indicate termination of use (d) Towboats shall have free access of the range. Insofar as possible, the and egress to designated tow havens schedule of operations giving the days within Carr Inlet, as follows: The Navy the range will be in use for each forth- coming month will be published in will establish and maintain suitable local newspapers and in the local U.S. mooring buoys for the use of tugs and Coast Guart Notice to Mariners. their tows at the following points: (1) (v) When the red beacon lights are approximately 1,500 yards northwest of displayed, indicating that the range is Gibson Point Light and approximately in use or hydrophones are being cali- 400 yards offshore from the low water brated, navigation within the area will mark on the Fox Island shore; (2) ap- be restricted as follows: proximately 1,500 yards northwest of (a) As used in this section, the words Hyde Point, and approximately 400 ‘‘operate, power vessel, and non-power yards offshore from the low water vessel’’ are defined as follows: mark on McNeil Island shore; and (3) (1) ‘‘Operate’’: To be physically approximately 1,500 yards east of present in the designated area. Wyckoff Shoal. Towboats will signal by (2) ‘‘Power vessel’’: A vessel propelled radio (Marine Band Channel 14, 13, 12, principally by a mechanical propulsion or 6) or telephone as far in advance as system (i.e., gasoline, diesel, steam or possible of the time they enter the tow electric drive to a propeller, pump jet, haven, such signals to be directed to paddle wheel or other device), and ‘‘Carr Inlet Range Control’’ at the being propelled by that means. range instrument laboratory building (3) ‘‘Non-power vessel’’: A vessel not located on Fox Island. The Navy shall equipped with a mechanical propulsion promptly suspend operations when nec- system, such as a rowboat, canoe, or essary to permit the access and egress sailboat propelled by oars, paddles, or of such tow traffic, and Carr Inlet sails, respectively. Range Control shall signal the tows (b) Power vessels shall not operate when the area is clear. within the area, except that traffic in (e) Through commercial traffic, in- either direction between Hale Passage cluding tows, to points within Carr and upper Carr Inlet, within 200 yards Inlet, and through Carr Inlet, Pitt Pas- of the low water mark off Green Point, sage, and Hale Passage to adjacent will be cleared by signal for approxi- waters will be permitted free access mately 15 minutes total time within and egress, as follows: Such traffic will this area at the termination of indi- signal by radio (Marine Band Channel vidual ranging runs, while the vessel 14, 13, 12, or 6) or telephone as far in ad- being ranged takes position for the vance as possible of the time they

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

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shoreline on Back Island near 55°32.63′ drag of any kind, deploy a net or dump N latitude, 131°45.18′ W longitude, then any material within the area. bearing about 350° T to 55°38.06′ N lati- (2) Area No. 2. Vessels are allowed to tude, 131°46.75′ W longitude then bear- transit the area at any time. No vessel ing about 300° T to 55°38.52′ N latitude, may anchor within the restricted area 131°48.15′ W longitude, then bearing or tow a drag of any kind, deploy a net about 203° T to 55°33.59′ N latitude, or dump any material within the area. 131°51.54′ W longitude, then bearing Vessels are also prohibited from moor- about 112° T to the intersection of the ing or tying up to, loitering alongside shoreline at Back Island near 55°32.53′ or in the immediate vicinity of naval N latitude, 131°45.77′ W longitude, then equipment and barges in the restricted northeast along the shoreline to the area. point of beginning. (3) Area No. 3. Vessels are allowed to Area No. 4. The waters of Clover Pas- transit the area at any time. Due to sage bounded by an irregular polygon the presence of underwater cables and beginning at the shoreline on Back Is- instrumentation, anchoring is prohib- land near 55 32.63′ N latitude, 131°45.18′ ited and the towing of a drag or any ob- W longitude, then bearing 150° T. to the ject within 100 feet of the bottom is intersection of the shoreline on also prohibited. Anchoring is allowed Revillagegedo Island near 55°30.64′ N within 100 yards of the shore of Back latitude, 131°43.64′ W longitude, then Island except within 100 yards of each side of the area where electrical and southwest along the shoreline to near other cables are brought ashore. The 55°30.51′ N latitude, 131°43.88′W lon- termination location of the cables on gitude, then bearing 330° T to the inter- the land is marked with a warning sign section of the shoreline on Back Island that is visible from the water. near 55°32.16′ N. latitude, 131°45.20′ W (4) Area No. 4. Due to the presence of longitude, and from there northeast communication and power cables cross- along the shoreline to the point of be- ing from Revillagegedo Island to Back ginning. Island no anchoring or towing of a drag Area No. 5. The waters of Behm Canal is allowed. Anchoring is allowed within bounded to the north by a line starting 100 yards of the shore of Back Island from Point Francis on the Cleveland except within 100 yards of each side of Peninsula to Escape Point on the area where the cables are brought Revillagegedo Island then south along ashore. The termination location of the the shoreline to Indian Point, then cables on the land is marked with a south to the Grant Island Light at warning sign that is visible from the ° ′ ° ′ 55 33.3 N latitude, 131 43.62 W lon- water. gitude then bearing 218° T. to the south (5) Area No. 5. (i) The area will be end of Back Island and continuing to open unless the Navy is actually con- the intersection of the shoreline on ducting operations. To ensure safe and Betton Island at about 55°31.55′ N lati- timely passage through the restricted tude, 131°45.98′ W longitude, then north area vessel operators are required to along the shoreline of Betton Island to notify the Range Operations Officer of the western side below Betton Head at their expected time of arrival, speed about 55°30.83′ N latitude, 131°50′ W lon- and intentions. For vessels not gitude, then bearing 283° T. across equipped with radio equipment, the Behm Canal to the intersection of Navy shall signal with flashing beacon shoreline near the point which forms lights whether passage is prohibited the southeast entrance of Bond Bay at and when it is safe to pass through the about 55°31.60′ N latitude, 131°56.58′ W area. A flashing green beacon indicates longitude, then northeast to Helm that vessels may proceed through the Point on the Cleveland Peninsula, then area. A flashing red beacon means that northeast along the shoreline to the the area is closed to all vessels and to point of beginning at Point Francis. await a green clear signal. Each clo- (b) The regulations—(1) Area No. 1. sure of the area by the Navy will nor- Vessels are allowed to transit the area mally not exceed 20 minutes. at any time. No vessel may anchor (ii) Small craft may operate within within the restricted area or tow a 500 yards of the shoreline at speeds no

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greater than 5 knots in accordance 161°40′ W.; and thence to the point of with the restrictions in effect in area beginning. No. 3. (b) The regulations. (1) Intermittent (iii) During the period May 1 through firing will be conducted over two to September 15 annually, the Navy will three day periods about 2 hours a day only conduct acoustic measurement between the hours of 10:00 a.m. and 4:00 tests which will result in transitory re- p.m. during the months of May through strictions in Area #5 for a total of no August. more than 15 days. (2) The fact that practice firing is to (iv) Transitory restrictions in Area take place over the designated area #5 will not be enforced during daylight shall be advertised to the public 72 hours when Navy testing coincides hours in advance through the usual with pre-scheduled special events in media for the dissemination of such in- Behm Canal. Special events are defined formation. Notice to the U.S. Coast as summer holidays or celebrations, Guard and NOTAM shall be issued at competitions, or economic endeavors least 48 hours before firing is to be con- scheduled by an agency or organiza- ducted on the range. Information as to tion, and typically occurring every the dates, time, and characteristics of year for the utilization of natural re- the firing shall be advertised in ad- sources of Behm Canal. Special events vance of each session of firing. include commercial emergency seine (3) Prior to conducting each practice fishery openings from July 25 through firing, the danger zone shall be pa- September 15, historic salmon derbies trolled by aircraft to note the location lasting eight days or less, Memorial of all vessels within the area. The prac- Day, Labor Day, Independence Day or tice firing exercise shall be conducted any nationally recognized three day in the portion of the danger zone not weekend to celebrate these holidays. occupied by surface craft. (v) Public notification that the Navy will be conducting operations in Behm (4) This section shall be enforced by Canal will be given at least 72 hours in the Commander, Alaskan Air Com- advance to the following Ketchikan mand, U.S. Air Force, Seattle, Wash- contacts: U.S. Coast Guard, Ketchikan ington, or such agencies as he may des- Gateway Borough Planning Depart- ignate. ment, Harbor Master, Alaska Depart- [29 FR 5947, May 6, 1964, as amended at 36 FR ment of Fish and Game, KRBD Radio, 6422, Apr. 3, 1971. Redesignated at 50 FR 42696, KTKN Radio, and the Ketchikan Daily Oct. 22, 1985] News. (c) Vessels will be allowed to transit § 334.1290 In Bering Sea, Shemya Is- Restricted Area #5 within 20 minutes of land Area, Alaska; meteorological marine radio or telephone notification rocket launching facility, Alaskan Air Command, U.S. Air Force. to the Navy Range Operations Officer. (d) Enforcement. The regulations in (a) The danger zone. An arc of a circle this section shall be enforced by the with a 45-nautical-mile radius of the Commander, David Taylor Research launch point centered at latitude Center and such agencies he/she may 52°43′30″ N., longitude 174°06′05″ E ex- designate. tending clockwise from 110° true bear- ing to 200° true bearing. [55 FR 2586, Jan. 25, 1990, as amended at 55 FR 10237, Mar. 20, 1990; 58 FR 6718, Feb. 2, (b) The regulation. (1) Rockets will 1993] normally be launched one each day Monday through Friday between 9 a.m. § 334.1280 Bristol Bay, Alaska; air-to- and 3 p.m. Rocket hardware will dis- air weapon range, Alaskan Air Com- charge into the sea 22.5 to 37.5 nautical mand, U.S. Air Force. miles off the launchsite. The instru- (a) The danger zone. An area in Bris- ment package with parachute will im- tol Bay beginning at latitude 58°24′ N., pact about 11⁄2 hours later at an unde- longitude 159°10′ W.; thence to latitude termined area, depending on weather 57°58′ N., longitude 158°30′ W.; thence to conditions. latitude 57°07′ N., longitude 160°20′ W.; (2) All mariners entering the area thence to latitude 58°02′ N., longitude will do so at their own risk and are

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cautioned to take evasive action as § 334.1310 Lutak Inlet, Alaska; re- necessary. stricted areas. (3) The regulation in this section (a) The areas—(1) Army POL dock re- shall be enforced by the Department of stricted area. (i) The waters of Lutak the Air Force, Headquarters 6th Weath- Inlet bounded as follows: Beginning at er Wing (MAC), Andrews Air Force the water’s edge 900 feet northwest of Base, Washington, D.C. 20331. the centerline of the landward end of the POL dock; thence 800 feet, 51° true; (40 Stat. 266 (33 U.S.C. 1)) thence 1,400 feet, 113° true; thence 450 [36 FR 19079, Sept. 28, 1971, as amended at 42 feet, 211° true to the water’s edge at a FR 46520, Sept. 16, 1977. Redesignated at 50 point approximately 720 feet from the FR 42696, Oct. 22, 1985] most southwest corner of the seaward end of the POL dock; thence along the § 334.1300 Blying Sound area, Gulf of water’s edge to the point of beginning. Alaska, Alaska; air-to-air gunnery practice area, Alaskan Air Com- (ii) The area will be marked at points mand, U.S. Air Force. approximately 200 feet apart along the shore by white signs containing the (a) The danger zone. A rhomboidal word ‘‘Warning.’’ The signs will not be ° ′ ″ area beginning at latitude 59 51 30 N., lighted. ° ′ ″ longitude 148 42 00 W.; thence to lati- (2) Dry Cargo dock mooring area. (i) ° ′ ″ ° ′ ″ tude 59 22 30 N., longitude 147 00 00 W.; The waters within 60 feet off the face of ° ′ ″ thence to latitude 58 52 00 N., lon- the dock. ° ′ ″ gitude 148 03 00 W.; thence to latitude (b) The regulations. (1) No person, ves- ° ′ ″ ° ′ ″ 59 20 00 N., longitude 149 45 00 W., and sel or other watercraft shall enter or thence to point of beginning. remain in the Army POL dock re- (b) The regulations. (1) 20-mm. cannon stricted area when tankers are engaged will be fired at towed targets in the air. in discharging oil at the dock. One firing mission will be conducted (2) The dropping and dragging of an- every 2 weeks during daylight hours chors, weights, or other ground tackle only and weather permitting. within the Dry Cargo dock mooring (2) The fact that practice firing is to area is prohibited. take place over the designated area (3) The regulations in this section shall be advertised to the public 7 days shall be enforced by the District Engi- in advance through the usual media for neer, U.S. Army Engineer District, An- the dissemination of such information. chorage, Alaska, and such agencies as Notice to the U.S. Coast Guard and he may designate. NOTAM shall be issued at least 48 [33 FR 7723, May 25, 1968. Redesignated at 50 hours before firing is to be conducted FR 42696, Oct. 22, 1985, as amended at 62 FR on the range. Information as to the 17559, Apr. 10, 1997] dates, time, and characteristics of the firing shall be advertised in advance of § 334.1320 Kuluk Bay, Adak, Alaska; each session of firing. naval restricted area. (3) Prior to conducting each practice (a) The area. The northwest portion firing, the danger zone shall be pa- of Kuluk Bay bounded as follows: Be- trolled by aircraft to note the location ginning on shore at latitude 51°55′00″ N, of all vessels within the area. The prac- longitude 176°33′09″ W; thence due east tice firing exercise shall be conducted to latitude 51°55′00″ N, longitude in the portion of the danger zone not 176°33′09″ W; thence due south to lati- occupied by surface craft. tude 51°51′55″ N longitude 176°31′09″ W; (4) The regulations in this section thence due west to the shore at lati- shall be enforced by the Commander, tude 51°51′00″ N, longitude 176°37′43″ W; Alaskan Air Command, U.S. Air Force, thence along the shoreline to the point Anchorage, Alaska, or such agencies as of beginning. he may designate. (b) The regulations. (1) Except in great emergency, no vessel shall anchor in (Sec. 7, 40 Stat. 266; 33 U.S.C. 1) the restricted area described above. [37 FR 527, Jan. 13, 1972. Redesignated at 50 (2) The dragging of anchors in or FR 42696, Oct. 22, 1985] across the restricted area is prohibited

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and no object attached to a vessel shall (b) The regulations. (1) No vessel shall be placed on or near the bottom. anchor in the restricted area described (3) Fishing and trawling activities in in paragraph (a) of this section. the restricted area are prohibited. (2) Dragging of anchors in or across (4) The regulation of this restricted the restricted area is prohibited and no area shall be enforced by the Com- object attached to a vessel shall be mander, Patrol Wing, U.S. Pacific placed on or near the bottom. Fleet, Naval Air Station Moffett Field, (3) The regulations in this section California, and such agencies and he/ shall be enforced by the Commander, she may designate. Third Fleet, Pearl Harbor, Hawaii and such agencies as he may designate. [58 FR 26046, Apr. 29, 1993] [18 FR 8117, Dec. 10, 1953, as amended at 33 § 334.1325 United States Army Re- FR 5875, Apr. 17, 1968; 42 FR 58519, Nov. 10, stricted Area, Kuluk Bay, Adak, 1977. Redesignated at 50 FR 42696, Oct. 22, Alaska. 1985] (a) The area. The area within a radius § 334.1340 Pacific Ocean, Hawaii; dan- 1,000 yards around the Sea Base Radar ger zones. mooring site in all directions from lati- (a) Danger zones—(1) Aerial bombing tude 51°53′05.4″ N, longitude 176°33′47.4″ and strafing target surrounding Kaula W (NAD 83). Rock, Hawaii. The waters within a cir- (b) The regulation. (1) No vessel, per- cular area with a radius of three (3) son, or other craft shall enter or re- miles having its center on Kaula Rock main in the restricted area except as at latitude 21°39′30″, longitude 160°32′30″. may be authorized by the enforcing (2) Submerged unexploded ordnance agency. danger zone, Kahoolawe Island, Hawaii. (2) A ring of eight lighted and The waters adjacent to Kahoolawe Is- marked navigation buoys marking the land within the area encompassed by perimeter of the mooring anchor sys- the following coordinates beginning at tem will provide a visible distance ref- latitude 20°37′30″, longitude 156°32′48″; erence at a radius of approximately 800 thence to latitude 20°34′48″, longitude yards from latitude 51°53′05.4″ N, lon- 156°30′24″; thence to latitude 20°28′54″, gitude 176°33′47.4″ W (NAD 83). Each longitude 156°30′30″; thence to latitude buoy has a white light, flashing at 3 20°28′06″, longitude 156°41′48″; thence to second intervals with a 2 nautical mile latitude 20°30′30″, longitude 156°44′12″; range. Vessels, persons or other craft thence to latitude 20°33′12″, longitude must stay at least 200 yards outside the 156°44′30″; thence to latitude 20°37′30″, buoys. longitude 156°36′24″; thence to the be- (3) The regulation in this section ginning coordinates. shall be enforced by personnel attached (b) The regulations. No person, vessel to the Missile Defense Agency and/or or other craft shall enter or remain in by such other agencies as the Director, any of the areas at any time except as MDA–AK, Fort Richardson, Alaska, authorized by the enforcing agency. may designate. (c) Enforcing agency. The regulations in this section shall be enforced by [72 FR 65669, Nov. 23, 2007] Commander, Naval Base, Pearl Harbor, Hawaii 96860–5020, and such agencies as § 334.1330 Bering Strait, Alaska; naval he/she may designated. restricted area off Cape Prince of Wales. [20 FR 4129, June 11, 1955, as amended at 25 FR 4749, May 28, 1960; 31 FR 14255, Nov. 4, (a) The area. An area 2,000 feet wide 1966; 45 FR 57126, Aug. 27, 1980. Redesignated extending from a point on Cape Prince at 50 FR 42696, Oct. 22, 1985, and amended at of Wales marked by a triangular cable 58 FR 53427, Oct. 15, 1993; 61 FR 34733, July 3, marker located approximately midway 1996; 62 FR 17559, Apr. 10, 1997] between the village of Wales and Cape Prince of Wales Light to a point four § 334.1350 Pacific Ocean, Island of statute miles due west of the cable Oahu, Hawaii; danger zone. marker with the axis of the area pass- (a) The danger zone. Beginning at ing through the two points. point of origin at Kaena Point Light in

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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 [31 FR 8129, June 9, 1966, as amended at 45 FR W.; thence along the arc of a circle cen- 57126, Aug. 27, 1980. Redesignated at 50 FR tered at Kaena Point Light to latitude 42696, Oct. 22, 1985] 21°42′30″ N., longitude 158°03′ W.; thence on a bearing of 228° true to latitude § 334.1370 Pacific Ocean at Keahi 21°35′33″ N., longitude 158°11′30″ W.; Point, Island of Oahu, Hawaii; dan- ger zone. thence to point of origin. (b) The regulations. (1) The area will (a) The danger zone. The waters with- be closed to the public and all shipping in an area beginning at a point in lati- tude 21°18′21.4″ N., longitude 157°59′14.2″ on specific dates to be designated for W.; thence to latitude 21°18′11″ N., lon- actual firing and no person, vessel or gitude 158°00′17.5″ W.; thence to latitude other craft shall enter or remain in the 21°17′11.8″ N., longitude 158°00′06.5″ W.; area during the times designated for and thence to latitude 21°17′22.5″ N., firing except as may be authorized by longitude 157°59′03.1″ W. the enforcing agency. Notification to (b) The regulations. (1) The area is maritime interests of specific dates of closed to all surface craft, swimmers, firing will be disseminated through the divers, and fishermen except to craft U.S. Coast Guard media of the Local and personnel authorized by the enforc- Notice to Mariners and the NOTAMS ing agency. published by the Corps of Engineers. (2) The regulations in this section On dates not specified for firing, the shall be enforced by the Commanding area will be open to normal maritime Officer, Explosive Ordnance Disposal traffic. Training and Evaluation Unit One, (2) The regulations of this section Barbers Point, Hawaii 96862–5600. shall be enforced by the Commanding [31 FR 12437, Sept. 20, 1966, as amended at 45 General, U.S. Army, Hawaii/25th Infan- FR 57126, Aug. 27, 1980. Redesignated at 50 FR try Division, APO 957, and such agen- 42696, Oct. 22, 1985, and amended at 58 FR cies as he may designate. 53427, Oct. 15, 1993] [24 FR 5999, July 28, 1959. Redesignated at 50 § 334.1380 Marine Corps Base Hawaii FR 42696, Oct. 22, 1985, as amended at 62 FR (MCBH), Kaneohe Bay, Island of 17559, Apr. 10, 1997] Oahu, Hawaii—Ulupau Crater Weapons Training Range; danger § 334.1360 Pacific Ocean at Barber’s zone. Point, Island of Oahu, Hawaii; dan- (a) The danger zone. The area within ger zone. a sector extending seaward a distance (a) The danger zone. The waters with- of 3.8 nautical miles between radial in a rectangular area beginning at a lines bearing 357.1° true and 124.9° true, point in latitude 21°17′56″ N., longitude respectively, from a starting point on 158°05′21″ W., thence to latitude 21°17′30″ Mokapu Peninsula at latitude N., longitude 158°05′21″ W.; thence to 21°27′11.84″ N, longitude 157°43′53.83″ W, latitude 21°17′58″ N., longitude 158°02′49″ and overlapping the existing 500-yard W., thence to latitude 21°18′24″ N., lon- wide prohibited area. The danger zone gitude 158°02′49″ W.; thence along the is defined as a pie-shaped area bounded shoreline at the highwater mark along by the landward starting point on the southerly boundary of Naval Air Mokapu Peninsula and the three sea- Station, Barber’s Point, to the point of ward points forming an arc with a 3.8 beginning. nautical-mile radius at its center (b) The regulations. (1) The area is (Point B) with a radial line bearing ° closed to all surface craft, swimmers, 56.9 true. The three seaward points divers and fishermen except to craft have the following coordinates: and personnel authorized by the enforc- Point A: Latitude 21°30′59.66″ N, Longitude ° ′ ″ ing agency. 157 44 05.97 W Point B: Latitude 21°29′16.58″ N, Longitude (2) The regulations in this section 157°40′30.19″ W shall be enforced by the Commanding Point C: Latitude 21°25′01.79″ N, Longitude Officer, Naval Air Station, Barber’s 157°40′33.70″ W

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(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 weapons firing, along with information Bay and such agencies as he/she may regarding onshore warning signals, will designate. be promulgated by the U.S. Coast Guard’s Local Notice to Mariners. In- [74 FR 58848, Nov. 16, 2009] formation on weapons firing schedules may also be obtained by calling the § 334.1390 Pacific Ocean at Barking MCBH Range Manager, AC/S G–3 (tele- Sands, Island of Kauai, Hawaii; mis- sile range facility. phone number 808–257–8816/17). (2) Whenever live firing is in progress (a) The danger zone. The waters with- during daylight hours, two large red in an area beginning at latitude triangular warning pennants will be 22°03′15″ N., longitude 159°47′15″ W.; flown at each of two highly visible and thence southerly along the shoreline to widely separated locations on the shore latitude 22°02′45″ N., longitude 159°47′18″ at Ulupau Crater. W.; thence westerly to latitude 22°02′30″ (3) Whenever any weapons firing is N., longitude 159°51′30″ W.; thence scheduled and in progress during peri- northeasterly to latitude 22°06′30″ N., ods of darkness, flashing red warning longitude 159°49′30″ W.; and thence beacons will be displayed on the shore southeasterly to point of beginning. at Ulupau Crater. (b) Markers. (1) Range markers at the (4) Boaters will have complete access control point at latitude 22°03′17.4″ N., to the danger zone whenever there is longitude 159°47′12.2″ W., are separated no weapons firing scheduled, which will 300 feet (one pole 95.5 feet northwest be indicated by the absence of any and the other pole 334.5 feet southeast warning flags, pennants, or beacons of this point) along a line bearing displayed ashore. 327°10′ True. (5) The danger zone is not considered (2) Range markers at the control safe for boaters whenever weapons fir- point at latitude 22°02′44.5″ N., lon- ing is in progress. Boaters shall expedi- gitude 159°47′16.4″ W., are separated 300 tiously vacate the danger zone at best feet (one pole 75 feet west and the other speed and by the most direct route pole 225 feet east of this point) along a whenever weapons firing is scheduled. line bearing 266°20′ True. Passage of vessels through the danger (3) The range marker poles seaward zone when weapons firing is in progress from each control point are 25 feet in will be permitted, but boaters shall height above ground level. The other proceed directly through the area at two poles are 45 feet above ground best speed. Weapons firing will be sus- pended as long as there is a vessel in level. the danger zone. Whenever a boater (4) Each range marker consists of a disregards the publicized warning sig- 10-foot equilateral triangle with alter- nals that hazardous weapons firing is nate red and white diagonal stripes. scheduled, the boater will be personally (c) The regulations. Entry into the requested to expeditiously vacate the area by any person, boat, vessel or danger zone by MCBH Kaneohe Bay other craft is prohibited at all times. military personnel utilizing by hailing Special permission for transit through the vessel on VHF channel 16 or con- the area by the most direct route may tacting directly by U.S. Navy surface be obtainable on an individual basis, by craft. prior arrangement with the Com- (6) Observation posts will be manned manding Officer, Pacific Missile Range whenever any weapons firing is sched- Facility, Hawaiian Area, Barking uled and in progress. Visibility will be Sands, Kauai, Hawaii. sufficient to maintain visual surveil- lance of the entire danger zone and for [34 FR 7575, May 10, 1969. Redesignated at 50 FR 42696, Oct. 22, 1985] an additional distance of 5 miles in all

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§ 334.1400 Pacific Ocean, at Barbers stricted area, all persons and surface Point, Island of Oahu, Hawaii; re- craft will remain away from the area stricted area. until such time as the signals are with- (a) The area. That portion of the Pa- drawn. At all other times the area is cific Ocean lying offshore of Oahu be- open to unrestricted fishing, boating tween Ewa Beach and Barbers Point, and general navigation. basically outlined as follows: (2) Operating officers and personnel of the Makai Test Range will be re- Station Latitude Longitude sponsible for marking in a conspicuous A (shoreline) 21°18′06″ 158°04′24″ manner the location of surface and un- B 21°17′00″ 158°03′30″ derwater equipment which is subject to C 21°15′00″ 158°03′18″ damage from navigation and fishing D 21°15′36″ 158°01′06″ E (shoreline) 21°18′30″ 158°02′00″ activities in the vicinity or represents a hazard to persons or property in the (b) The regulations. (1) Vessels shall vicinity, and the location of the work not anchor within the area at any area during critical testing phases. time. Surface communication by boat will be (2) Dredging, dragging, seining, or provided by the Makai Test Range dur- other fishing operations which might ing testing phases. foul underwater installations within the area are prohibited. [34 FR 7964, May 21, 1969. Redesignated at 50 FR 42696, Oct. 22, 1985, as amended at 62 FR (3) Use of the restricted area for boat- 17559, Apr. 10, 1997; 62 FR 24034, May 2, 1997] ing, fishing (except as prohibited in paragraph (b)(2) of this section) and § 334.1420 Pacific Ocean off Orote other surface activities is authorized. Point, Apra Harbor, Island of (4) The regulations in this section Guam, Marianas Islands; small arms shall be enforced by the Officer in firing range. Charge, Fleet Area Control and Sur- (a) The danger zone. The waters with- veillance Facility, Pearl Harbor, Ha- in an area delineated by a line joining waii 96860–7625, and such agencies as he/ the following positions: she may designate. (Sec. 3012, 70A Stat. 157; 10 U.S.C. 3012) Latitude Longitude [36 FR 14186, July 31, 1971, as amended at 45 13°26′03.9″ 144°37′38.3″ FR 57126, Aug. 27, 1980. Redesignated at 50 FR 13°25′26.0″ 144°36′14.2″ 42696, Oct. 22, 1985, and amended at 58 FR 13°24′51.2″ 144°36′31.9″ ° ′ ″ ° ′ ″ 53427, Oct. 15, 1993] 13 25 28.7 144 37 59.1 13°25′43.2″ 144°38′09.5″ § 334.1410 Pacific Ocean, at Makapuu Point, Waimanalo, Island of Oahu, (b) The regulations. (1) The danger Hawaii, Makai Undersea Test zone shall be closed to the public and Range. shipping on specific dates to be des- (a) The restricted area. The waters ignated for actual firing and no person, within an area beginning at a point in vessel or other craft shall enter or re- latitude 21°18′50″ N., longitude 157°39′07″ main in the danger zone designated for W.; thence to latitude 21°20′33″ N., lon- firing except as may be authorized by gitude 157°38′00″ W.; thence to latitude the enforcing agency. Notification to 21°22′02″ N., longitude 157°39′07″ W.; and maritime interests of specific dates of thence to latitude 21°19′35″ N., lon- firing will be disseminated by the en- gitude 157°40′46″ W. forcing agency. On dates not specified (b) The regulations. (1) During critical for firing, the danger zone shall be open testing phases of surface and sub- to normal maritime traffic. merged units, the operating officials of (2) The regulations in this section the Makai Test Range will mark in a shall be enforced by the Commanding conspicuous manner the location of the Officer, U.S. Naval Station, Guam, equipment which might be subject to Marianas Islands and such agencies as damage from navigation and fishing he may designate. activities or might represent a hazard [28 FR 5377, May 30 1963. Redesignated at 50 to persons or property in the vicinity. FR 42696, Oct. 22, 1985, as amended at 62 FR During the display of signals in the re- 17559, Apr. 10, 1997]

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§ 334.1430 Apra Inner Harbor, Island § 334.1450 Atlantic Ocean off north of Guam; restricted area. coast of Puerto Rico; practice firing areas, U.S. Army Forces Antilles. (a) The restricted area. The waters within Apra Inner Harbor and adjacent (a) The danger zones—(1) Westerly waters of Apra Outer Harbor inclosed small-arms range. The waters within the by a line beginning at the northeast sector of a circle bounded by radii of corner of a pier at latitude 13°26′32.1″ 10,000 yards bearing 279° and 315° re- N., longitude 144°39′02.8″ E.; thence to spectively, from latitude 18°28′31″, lon- the northern tip of a small island at gitude 66°25′37″, and the included arc. latitude 13°26′40.2″ N., longitude NOTE: All bearings in this section are re- 144°39′28.1″ E., and thence to the north- ferred to true meridian. west corner of the point of land at lati- (2) Camp Tortuguero artillery range. tude 13°26′28.1″ N., longitude 144°39′52.5″ The waters within the quadrant of a E. circle bounded by radii of 20,000 yards bearing 315° and 45°, respectively, from (b) The regulations. (1) All swimmers latitude 18°28′31″, longitude 66°25′37″, and all vessels and craft except public and the included arc. vessels of the United States are prohib- (3) Easterly small-arms range. The ited from entering this area without waters within the sector of a circle prior permission of the enforcing agen- bounded by radii of 7,210 yards bearing cy. 45° and 70°, respectively, from a point (2) The regulations in this section on the southeast boundary of the artil- shall be enforced by Commander Naval lery range 2,790 yards from its south- Forces Marianas and such agencies as erly end, and the included arc. he may designate. NOTE: The outer boundaries of the danger (3) The water areas of the outer zones will not be marked, but signs will be boundaries of the restricted area will posted along shore to warn against tres- not be marked but signs will be posted passing in the firing areas. at the designated boundary coordinates (b) The regulations. (1) The danger to warn against trespassing in the re- zones shall be open to navigation at all stricted area. times except when practice firing is being conducted. When practice firing [37 FR 8525, Apr. 28, 1972, as amended at 37 is being conducted, no person, vessel or FR 11058, June 2, 1972. Redesignated at 50 FR other craft except those engaged in 42696, Oct. 22, 1985] towing targets or patrolling the area § 334.1440 Pacific Ocean at Kwajalein shall enter or remain within the danger Atoll, Marshall Islands; missile test- zones: Provided, that any vessel pro- ing area. pelled by mechanical power at a speed greater than five knots may proceed (a) The warning area. The waters through the Camp Totuguero artillery within a circular area with a radius of range at any time to and from points 200 nautical miles having its center at beyond, but not from one point to an- latitude 8°43′00″ N., longitude 167°43′00″ other in the danger zone between lati- E. Intermittent hazardous missile oper- tudes 18°31′ and 18°32′, at its regular ations will be conducted within the rate of speed without stopping or alter- area 24 hours daily, on a permanent ing its course, except when notified to basis. the contrary. (b) Advisory instructions. (1) Kwajalein (2) The fact that practice firing is to Test Site will coordinate safe passage take place over the designated area of surface shipping through the area. will be advertised to the public through (2) All ships are advised to contact the usual media for the dissemination Kwajalein Control (2716 KC for voice, of such information. Factual informa- 500 KC for CW initial contact, and 468 tion as to the dates, time, and charac- KC for CW working) before entering the teristics of the firing will be advertised area. in advance of each session of firing but in no case less than one week nor more [31 FR 9850, July 21, 1966. Redesignated at 50 than four weeks before such firing is FR 42696, Oct. 22, 1985] scheduled to take place.

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(3) Prior to conducting each practice ger area will be patrolled to insure that firing, the entire danger zone will be no watercraft are within the danger patrolled by aircraft or surface vessels area. Any watercraft in the vicinity to insure that no watercraft are within will be warned that practice firing is the danger zone. Any watercraft in the about to take place and advised to va- vicinity will be warned that practice cate the area. firing is about to take place. Any such (2) The regulations in this section watercraft shall, upon being so warned, shall be enforced by the Commander, leave the danger zone immediately and Caribbean Sea Frontier, San Juan, shall not return until such practice Puerto Rico, and such agencies as he shall have been terminated and notifi- may designate. cation to that effect shall have been (Sec. 7, 40 Stat. 266, (33 U.S.C. 1)) given by the patrol craft, except that vessels proceeding on a regular course [13 FR 9530, Dec. 31, 1948. Redesignated at 14 FR 4904, Aug. 9, 1949, and amended at 28 FR through the area will be allowed to 349, Jan. 12, 1963; 39 FR 27133, July 25, 1974; 44 proceed out of the area without warn- FR 69298, Dec. 3, 1979. Redesignated at 50 FR ing, and firing will not commence until 42696, Oct. 22, 1985, as amended at 62 FR 17559, such vessels are clear of the area. Apr. 10, 1997] (4) This section shall be enforced by the Commanding General, U.S. Army § 334.1470 Caribbean Sea and Vieques Forces Antilles, and such agencies as Sound, in vicinity of Eastern Vieques; bombing and gunnery tar- he may designate. get area. [14 FR 4552, July 21, 1949. Redesignated at 14 (a) The danger zone. From Punta FR 5593, Sept. 13, 1949, and amended at 15 FR Conejo on the south coast of Vieques at 6758, Oct. 6, 1950. Redesignated at 50 FR 42696, latitude 18°06′30″, longitude 65°22′33″; Oct. 22, 1985, as amended at 62 FR 17559, Apr. ° ′ ″ 10, 1997; 62 FR 24034, May 2, 1997] thence to latitude 18 03 00 , longitude 65°21′00″; thence to latitude 18°03′00″, § 334.1460 Atlantic Ocean and Vieques longitude 65°15′30″; thence to latitude Sound, in vicinity of Culebra Island; 18°11′30″, longitude 65°14′30″; thence to bombing and gunnery target area. latitude 18°12′00″, longitude 65°20′00″; (a) The danger zone. From Punta and thence to Cabellos Colorados on Resaca on the north coast of Culebra at the north coast of Vieques at latitude ° ′ ″ ° ′ ″ latitude 18°20′12″, longitude 65°17′29″ to 18 09 49 , longitude 65 23 27 . latitude 18°25′07″, longitude 65°12′07″; (b) Regulations. (1) It will be open to thence to latitude 18°26′31″, longitude navigation at all times except when 65°16′45″; thence to latitude 18°23′00″, firing is being conducted. At such longitude 65°24′30″; thence to the times, no persons or surface vessels, ex- charted position of nun buoy ‘‘2’’ at cept those patrolling the area, shall latitude 18°20′19″, longitude 65°24′51″; enter or remain within the danger thence to latitude 18°18′47″, longitude area. Prior to conducting each firing or 65°24′35″; thence to latitude 18°15′30″, dropping of ordnance the danger area longitude 65°21′30″; thence to a point on will be patrolled to insure that no the southeast coast of Cayo de Luis watercraft are within the danger area. Pena at latitude 18°17′51″, longitude Any watercraft in the vicinity will be 65°19′41″; and thence to Punta warned that practice firing is about to Tamarindo on the west coast of take place and advised to vacate the Culebra at latitude 18°19′12″ longitude area. 65°19′22″. (2) The regulations will be enforced (b) The regulations. (1) The danger by the Commander, U.S. Naval Forces zone is subject to use as a target area Caribbean, U.S. Naval Station, Roo- for bombing and gunnery practice. It sevelt Roads, Puerto Rico, and such will be open to navigation at all times agencies and subordinate commands as except when firing is being conducted. he/she may designate. At such times, no person or surface (Sec. 7, 40 Stat. 266, (33 U.S.C. 1)) vessels, except those patrolling the [39 FR 27133, July 25, 1974, as amended at 46 area, shall enter or remain within the FR 29935, June 4, 1981. Redesignated at 50 FR danger area. Prior to conducting each 42696, Oct. 22, 1985, as amended at 62 FR 17559, firing or dropping of ordnance the dan- Apr. 10, 1997]

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§ 334.1480 Vieques Passage and Atlan- Latitude Longitude tic Ocean, off east coast of Puerto ° ′ ″ ° ′ ″ Rico and coast of Vieques Island; 17 41 42 N. 64 54 00 W. 17°41′42″ N. 64°54′18″ W. naval restricted areas. 17°41′18″ N. 64°54′00″ W. (a) The restricted areas. (1) A strip, 17°41′18″ N. 64°54′18″ W. 1,500 yards wide, off the naval reserva- tion shoreline along the east coast of (b) The regulations. (1) Anchoring in Puerto Rico extending from Point the restricted areas is prohibited with Figuera south to Point Puerca, and the exception of U.S. Government thence west to Point Cascajo and the owned vessels and private vessels that mouth of the Daguada River. have been specifically authorized to do so by the Commanding Officer, Atlan- (2) A strip, 1,500 yards wide, off the tic Fleet Range Support Facility. naval reservation shoreline along the (2) The regulations in this paragraph west end of Vieques Island extending shall be enforced by the Commanding from Caballo Point on the north shore, Officer, Atlantic Fleet Range Support west around the breakwater to Point Facility, Roosevelt Roads, P.R., and Arenas, and thence south and east to a such agencies as he may designate. point on the shoreline one mile east of the site of the abandoned central at [34 FR 19030, Nov. 29, 1969. Redesignated at 50 Playa Grande. FR 42696, Oct. 22, 1985] (3) A strip, 1,500 yards wide, off the south coast of Vieques Island extending PART 335—OPERATION AND MAIN- from the entrance to Port Mosquito TENANCE OF ARMY CORPS OF east to Conejo Point. ENGINEERS CIVIL WORKS (4) An area inclosed by an arc with a PROJECTS INVOLVING THE DIS- radius of 3,000 yards centered on Cabras CHARGE OF DREDGED OR FILL Island Lighthouse and extending from MATERIAL INTO WATERS OF THE Point Puerca to Point Cascajo. (b) The regulations. No person or ves- U.S. OR OCEAN WATERS sel shall enter or remain within the re- Sec. stricted areas at any time unless on of- 335.1 Purpose. ficial business. Fishing vessels are per- 335.2 Authority. mitted to anchor in Playa Blanca, 335.3 Applicability. passing through the restricted area de- 335.4 Policy. scribed in paragraph (a)(1) of this sec- 335.5 Applicable laws. tion, to and from anchorage on as near 335.6 Related laws and Executive Orders. a north-south course as sailing condi- 335.7 Definitions. tions permit. Under no conditions will AUTHORITY: 33 U.S.C. 1344; 33 U.S.C. 1413. swimming, diving, snorkeling, other SOURCE: 53 FR 14911, Apr. 26, 1988, unless water related activities or fishing, be otherwise noted. permitted in the restricted area. § 335.1 Purpose. [13 FR 9564, Dec. 31, 1948. Redesignated at 50 FR 42696, Oct. 22, 1985, as amended at 62 FR This regulation prescribes the prac- 17559, Apr. 10, 1997] tices and procedures to be followed by the Corps of Engineers to ensure com- § 334.1490 Caribbean Sea, at St. Croix, pliance with the specific statutes gov- V.I.; restricted areas. erning Army Civil Works operations (a) The areas—(1) Area ‘‘A’’. A tri- and maintenance projects involving the angular area bounded by the following discharge of dredged or fill material coordinates: into waters of the U.S. or the transpor- tation of dredged material for the pur- Latitude Longitude pose of disposal into ocean waters. 17°44′42″ N. 64°54′18″ W. These practices and procedures should 17°43′06″ N. 64°54′18″ W. be employed throughout the decision/ 17°44′30″ N. 64°53′30″ W. management process concerning meth- odologies and alternatives to be used to (2) Area ‘‘B’’. A rectangular area ensure prudent operation and mainte- bounded by the following coordinates: nance activities.

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