[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR334.5]

[Page 493]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS--Table of Contents
 
Sec. 334.5  Disestablishment of a danger zone.

    (a) Upon receipt of a request from any agency for the 
disestablishment of a danger zone, the District Engineer shall notify 
that agency of its responsibility for returning the area to a condition 
suitable for use by the public. The agency must either certify that it 
has not used the area for a purpose that requires cleanup or that it has 
removed all hazardous materials and munitions, before the Corps will 
disestablish the area. The agency will remain responsible for the 
enforcement of the danger zone regulations to prevent unauthorized entry 
into the area until the area is deemed safe for use by the public and 
the area is disestablished by the Corps.
    (b) Upon receipt of the certification required in paragraph (a) of 
this section, the District shall forward the request for 
disestablishment of the danger zone through channels to CECW-OR, with 
its recommendations. Notice of proposed rulemaking and public procedures 
as outlined in Sec. 334.4 are not normally required before publication 
of the final rule revoking a restricted area or danger zone regulation. 
The disestablishment/revocation of the danger zone or restricted area 
regulation removes a restriction on a waterway.

[58 FR 37608, July 12, 1993]