[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR334.5]



[Page 503-504]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

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



[[Page 504]]



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]