C.F.R. » Title 33 » CHAPTER I—COAST GUARD, DEPARTMENT OF HOMELAND SECURITY › SUBCHAPTER P—PORTS AND WATERWAYS SAFETY › PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS › Subpart A—General

33 C.F.R. § 165.7

Notification

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(a) The establishment of these limited access areas and regulated navigation areas is considered rulemaking. The procedures used to notify persons of the establishment of these areas vary depending upon the circumstances and emergency conditions. Notification may be made by marine broadcasts, local notice to mariners, local news media, distribution in leaflet form, and on-scene oral notice, as well as publication in the Federal Register.

(b) Notification normally contains the physical boundaries of the area, the reasons for the rule, its estimated duration, and the method of obtaining authorization to enter the area, if applicable, and special navigational rules, if applicable.

[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by USCG-2018-0486, 85 FR 74030, Aug. 4, 2020]
Notes of Decisions
Cited in 2 cases, 2001–2003 · leading case: United States v. Ventura-Melendez, 321 F.3d 230 (1st Cir. 2003).
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United States v. Ventura-Melendez, 321 F.3d 230 (1st Cir. 2003). “We note that 33 C.F.R. § 165.7 (a), regarding notification of security and safety zones, includes “on-scene oral notice” as a valid means of conveying notice to trespassers.”
United States v. Ventura Melendez, 186 F. Supp. 2d 55 (D.P.R. 2001). “Naval installations in Camp Garcia ( 33 C.F.R. § 165.7 ) *58 was not lawful because it was required to be previously published before being enforced.”
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