[Federal Register Volume 65, Number 172 (Tuesday, September 5, 2000)]
[Rules and Regulations]
[Pages 53591-53593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22442]



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DEPARTMENT OF DEFENSE

Department of the Navy

32 CFR Part 770

RIN 0703-AA63


Rules Limiting Public Access to Particular Installations

AGENCY: Department of the Navy, DOD.

ACTION: Final rule.

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SUMMARY: This rule sets forth amended regulations governing entry upon 
installations with limited public access under the Department of the 
Navy jurisdiction. It is intended that this amendment will apprise 
members of the public of the rules governing access on these 
installations.

DATES: Effective September 5, 2000.

ADDRESSES: Office of the Judge Advocate General (Code 13), 1322 
Patterson Ave SE., Suite 3000, Washington Navy Yard, DC 20374-5066.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander James L. Roth, 
JAGC, USN, Head, Regulations and Legislation, FOIA/PA Branch, 
Administrative Law Division, Office of the Judge Advocate General (Code 
13), 1322 Patterson Ave SE., Suite 3000, Washington Navy Yard, DC 
20374-5066. Phone (703) 604-8200.

SUPPLEMENTARY INFORMATION: Pursuant to the authority cited below, the 
Department of the Navy amends 32 CFR part 770, subparts A, B, F, and G. 
This amendment is the result of changes to regulations limiting public 
access to particular installations under the jurisdiction of the 
Department of the Navy. This rule is being published by the Department 
of the Navy for guidance and interest of the public in accordance with 
5 U.S.C. 552(a)(1). It has been determined that invitation of public 
comment on this amendment would be impracticable and unnecessary, and 
it is therefore not required under the public rulemaking provisions of 
32 CFR part 336 or Secretary of the Navy Instruction 5720.45. 
Interested persons, however, are invited to comment in writing on this 
amendment. All written comments received will be considered in making 
subsequent amendments or revisions of 32 CFR part 770, subparts A, B, 
F, and G, or the instructions on which they are based. Changes may be 
initiated on the basis of comments received. Written comments should be 
addressed to Lieutenant Commander James L. Roth, JAGC, USN, Head, 
Regulations and Legislation, FOIA/PA Branch, Administrative Law 
Division, Office of the Judge Advocate General (Code 13), 1322 
Patterson Ave SE., Suite 3000, Washington Navy Yard, DC 20374-5066. It 
has been determined that this final rule is not a ``significant 
regulatory action'' as defined in Executive Order 12866.

Executive Order 13132, Federalism

    It has been determined that this rule does not have sufficient 
Federalism implications to warrant the preparation of a Federalism 
Assessment. The provisions contained in this rule will have little or 
no direct effect on States or local governments.

Regulatory Flexibility Act

    This rule will not have a significant economic impact on a 
substantial number of small entities for purposes of the Regulatory 
Flexibility Act (5 U.S.C. Chapter 6).

Paperwork Reduction Act

    This rule does not impose collection of information requirements 
for purposes of the Paperwork Reduction Act (44 U.S.C. Chapter 35, 5 
CFR Part 1320).

List of Subjects in 32 CFR Part 770

    Armed forces, Endangered and threatened species, Federal buildings 
and facilities, Fish, Government property, Government property 
management, National defense, Restricted access areas, Security 
measures, Wildlife.

    For the reasons set forth in the preamble, the Department of the 
Navy amends 32 CFR part 770 as follows:

PART 770--RULES LIMITING PUBLIC ACCESS TO PARTICULAR INSTALLATIONS

    1. The authority citation for part 770 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 10 U.S.C. 6011; 32 CFR 700.702; 32 CFR 
700.714.

    2.-3. In Sec. 770.2, revise paragraphs (b)(1), (c) and (d)(2) to 
read as follows:


Sec. 770.2  Licenses.

* * * * *
    (b) * * *
    (1) The privilege card may be purchased from the Natural Resources 
and Environmental Affairs Branch, Building 5-9, Marine Corps Base, 
Quantico, VA.
* * * * *
    (c) All hunters must obtain a Base hunting permit, and a parking 
permit, if applicable, from the Game Check Station, Building 5-9 
Station (located at the intersection of Russell Road and MCB-1) for 
each day of hunting. The hunting permit must be carried by the hunter 
and the parking permit must be displayed on the left dashboard of 
parked vehicles. The hunting and parking permits must be returned 
within one hour after either sunset or the hour hunting is secured on 
holidays or during special season.
    (d) * * *
    (2) Attendance at a safety lecture given daily except Sunday during 
the hunting season given at the Game Check Station. The lectures 
commence at the times posted in the Annual Hunting Bulletin and are 
posted on all base bulletin boards;
* * * * *

    4. In Sec. 770.3, revise paragraphs (a), (b), and (c)(1) through 
(3) and remove paragraphs (c)(4) and (5) to read as follows:


Sec. 770.3  Fishing regulations.

    (a) All persons possessing the proper state license and Base permit 
are permitted to fish in the areas designated by the Annual Fishing 
Regulations on Marine Corps Base, Quantico, VA, on any authorized 
fishing day. A Base Fishing Privilege Card is required for all persons 
aged 16 to 65.
    (b) Fishing is permitted on all waters within the boundaries of 
Marine Corps Base, Quantico, VA, unless otherwise posted, under the 
conditions and restrictions and during the periods provided by Marine 
Corps Base, Quantico, VA. Information regarding specific regulations 
for each fishing area must be obtained from the Natural Resources and 
Environmental Affairs Branch, Building 5-9 prior to use of Base fishing 
facilities.
    (c) * * *
    (1) No trout lines are permitted in Marine Corps Base waters;
    (2) No Large Mouth Bass will be taken, creeled or possessed in a 
slot limit of 12-15 inches in length. All Large Mouth Bass within this 
slot will be immediately returned to the water;
    (3) No Striped Bass will be taken, creeled or possessed under the 
size of twenty (20) inches in length. All Striped Bass under this size 
will be immediately returned to the water.

    5. Revise Sec. 770.4 to read as follows:


Sec. 770.4  Hunting regulations.

    All persons possessing the proper State, Federal and Base licenses 
and permits are permitted to hunt in the areas designated daily by the 
Annual Hunting Bulletin on Marine Corps Base, Quantico, VA, on any 
authorized hunting day. In addition, a minimum of fifteen percent of 
the daily hunting spaces will be reserved to civilians on

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a first come, first served basis until 0600 on each hunting day, at 
which time, the Game Check Station may fill vacancies from any 
authorized persons waiting to hunt.

    6. In Sec. 770.5, revise paragraphs (a), (b), and (c) to read as 
follows:


Sec. 770.5  Safety regulations.

    (a) Hunting is not permitted within 200 yards of the following: 
Ammunition dumps, built-up areas, rifle or pistol ranges, dwelling or 
other occupied structures, and areas designated by the Annual Hunting 
Bulletin as recreation areas.
    (b) From the end of the special archery season until the end of the 
regular firearms winter hunting season, except for duck hunters in 
approved blinds, hunters will wear an outer garment with at least two 
square foot of blaze orange visible both front and back above the waist 
and a blaze orange cap while hunting, or while in the woods for any 
reason, during the hours that hunting is authorized. Any person 
traveling on foot in or adjacent to an area open for hunting will 
comply with this requirement.
    (c) Weapons will be unloaded while being transported in vehicles, 
and will be left in vehicles by personnel checking in or out at the 
Game Check Station. Weapons will not be discharged from vehicles, or 
within 200 yards of hard surfaced roads.
* * * * *


Sec. 770.6  [Amended]

    7. Amend Sec. 770.6, as follows:
    a. In paragraph (b), remove the number ``16'' and add in its place 
the number ``18,'' and remove the number ``18'' contained in the 
parenthesis and add in its place the number ``21.''
    b. In paragraph (c), remove the words ``beaver or bald eagles'' and 
add in their place, the word ``wildlife,'' and remove the word 
``clearance'' and add in its place the words ``Walking Pass'' each time 
it appears.
    c. Revise paragraph (a) and add paragraphs (f) and (g) to read as 
follows:


Sec. 770.6  Restrictions.

    (a) There will be no hunting on Christmas Eve, Christmas Day, New 
Years Day, or after 1200 on Thanksgiving Day.
* * * * *
    (f) There will be no use of a muzzleloader or slug shotgun after 
obtaining the daily or yearly game bag limits.
    (g) There will be no possession or use of drugs or alcohol while 
checked out to hunt.


Sec. 770.7  [Amended]

    8. In Sec. 770.7 remove paragraphs (c)(3), (4) and (5) and revise 
the section title, and paragraphs (a), (b), and (c)(1) and (2) to read 
as follows:


Sec. 770.7  Violations and environmental regulations.

* * * * *
    (a) The Marine Corps Base Game Wardens are Federal Game Wardens. 
They have authority to issue summons to appear in Federal court for 
game violations.
    (b) Offenders in violation of a Federal or State hunting or fishing 
laws will be referred to a Federal court.
    (c) * * *
    (1) The Base Game Warden shall have the authority to temporarily 
suspend hunting and fishing privileges.
    (2) Suspensions of hunting and fishing privileges will be outlined 
in the Annual Fish and Wildlife Procedures Manual.
* * * * *

    9. In Sec. 770.8, revise the last sentence to read as follows:


Sec. 770.8  Reports.

    * * *All other game, not requiring a tag, killed on the Reservation 
will be immediately reported to the Game Warden when checking out at 
the end of a hunt.

    10. Revise Sec. 770.9 to read as follows:


Sec. 770.9  Miscellaneous.

    Refer to the Annual Fishing and Hunting Bulletins that will cover 
any annual miscellaneous changes.

    11. The subpart heading is revised to read as follows:

Subpart B--Base Entry Regulations for Naval Submarine Base, Bangor, 
Silverdale, Washington

    12. The authority citation for subpart B is revised to read as 
follows:

    Authority: 50 U.S.C. 797; DoDDir. 5200.8 of April 25, 1991; 5 
U.S.C. 301; 10 U.S.C. 6011; 32 CFR 700.702; 32 CFR 700.714.

    13. Revise the last sentence of section 770.18 to read as follows:


Sec. 770.18  Entry restrictions.

    * * * See, 18 U.S.C. 1382; the Internal Security Act of 1950, 
Section 21 (50 U.S.C. 797); Department of Defense Directive 5200.8 of 
25 April 1991; Secretary of the Navy Instruction 5511.36A of 21 July 
1992.

    14. In Sec. 770.19, Revise paragraph (a) to read as follows:


Sec. 770.19  Entry procedures.

    (a) Any person or group of persons desiring the advance consent of 
the Commanding Officer, SUBASE Bangor or his authorized representative 
shall, in writing, submit a request to the Commanding Officer, Naval 
Submarine Base, Bangor, 1100 Hunley Road, Silverdale, WA 98315.
* * * * *

    15. In Sec. 770.20 revise the undesignated citation following 
paragraph (a) and paragraph (b) to read as follows:


Sec. 770.20  Violations.

    (a) * * *

    Whoever, within the jurisdiction of the United States, goes upon 
any military, naval * * * reservation, post, fort, arsenal, yard, 
station, or installation, for any purpose prohibited by law or 
lawful regulation * * * shall be fined not more than $5,000 or 
imprisoned not more than six months or both.

    (b) Moreover, any person who willfully violates this subpart is 
subject to a fine not to exceed $5,000 or imprisonment for not more 
than one (1) year or both as provided in 50 U.S.C. 797.

    16. Revise subpart F, part 770 to read as follows:
Subpart F--Base Entry Regulations for Puget Sound Naval Shipyard, 
Bremerton, Washington
Sec.
770.47   Purpose.
770.48   Definition.
770.49   Background.
770.50   Entry restrictions.
770.51   Entry procedures.
770.52   Violations.

Subpart F--Base Entry Regulations for Puget Sound Naval Shipyard, 
Bremerton, Washington

    Authority: 5 U.S.C. 301; 10 U.S.C. 6011; 50 U.S.C. 797; DoD 
Directive 5200.8 of April 25, 1991; SECNAVINST 5511.36A of July 21, 
1992; OPNAVINST 5530.14C of December 10, 1998; 32 CFR 700.702; 32 
CFR 700.714.


Sec. 770.47  Purpose.

    To promulgate regulations and procedures governing entry upon Puget 
Sound Naval Shipyard, and to prevent the interruption of the functions 
and operations of Puget Sound Naval Shipyard by the presence of any 
unauthorized person within the boundaries of the Puget Sound Naval 
Shipyard.


Sec. 770.48  Definition.

    For the purpose of this subpart, Puget Sound Shipyard shall include 
that area of land, whether or not fenced or covered by water, in Kitsap 
County in the State of Washington under the operational control of the 
Commander,

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Puget Sound Naval Shipyard or any tenant command. This includes all 
such areas regardless of whether the areas are being used for purely 
military purposes, for housing, for support purposes, or for any other 
purpose by a naval command or other federal agency.


Sec. 770.49  Background.

    (a) Puget Sound Naval Shipyard is a major naval ship repair 
facility, with operational requirements to complete repairs and 
overhaul of conventionally powered and nuclear powered naval vessels. 
It is vital to national defense that the operation and use of the 
shipyard be continued without interruption. Additionally, most of Puget 
Sound Naval Shipyard is dedicated to heavy industrial activity where 
potentially hazardous conditions exist.
    (b) For prevention of the interruption of the stated use of Puget 
Sound Naval Shipyard and prevention of injury to any unsupervised or 
unauthorized person as a consequence of the hazardous conditions that 
exist, as well as for other reasons, it is essential to restrict entry 
upon Puget Sound Naval Shipyard to authorized persons only.


Sec. 770.50  Entry restrictions.

    Except for military personnel and civilian employees of the United 
States in the performance of their official duties, entry upon Puget 
Sound Naval Shipyard, or remaining thereon by any person for any 
purpose without advance consent of the Commander, Puget Sound Naval 
Shipyard or his/her authorized representative, is prohibited.


Sec. 770.51  Entry procedures.

    (a) Any person or group of persons desiring the advance consent of 
the Commander, Puget Sound Naval Shipyard, or his authorized 
representative, shall, in writing, submit a request to the Commander, 
Puget Sound Naval Shipyard, at the following address: Commander, Puget 
Sound Naval Shipyard, 1400 Farragut Avenue, Bremerton, WA 98314-5001.


Sec. 770.52  Violations.

    (a) Any person entering or remaining on Puget Sound Naval Shipyard, 
without the consent of the Commander, Puget Sound Naval Shipyard, or an 
authorized representative, shall be subject to the penalties prescribed 
by 18 U.S.C. 1382, which provides in pertinent part:

    Whoever, within the jurisdiction of the United States, goes upon 
any military, naval * * * reservation, post, fort, arsenal, yard, 
station or installation, for any purpose prohibited by law or lawful 
regulation * * * shall be fined not more than $500.00 or imprisoned 
not more than six months or both.

    (b) Moreover, any person who willfully violates this subpart is 
subject to a fine not to exceed $5000.00 or imprisonment for not more 
than one year or both as provided in 50 U.S.C. 797.

    17.-18. The authority citation for subpart G, part 770 is revised 
to read as follows:

    Authority: 5 U.S.C. 301; 10 U.S.C. 6011; 50 U.S.C. 797; DoD 
Directive 5200.8 of April 25, 1991; SECNAVINST 5511.36A of July 21, 
1992; NAVCOMSYSCOMINST 5510.2B of April 18, 1990; 32 CFR 700.702; 32 
CFR 700.714.

    19. In Sec. 770.55 remove the number ``830'' contained in the 
parenthetical and add, in its place, the number ``1700''.

    20. In Sec. 770.57 remove the number ``830'' contained in the 
parenthetical and add, in its place, the number ``1700''.

    Dated: August 23, 2000.
C.G. Carlson,
Major, U.S. Marine Corps,, Alternate Federal Register Liaison Officer.
[FR Doc. 00-22442 Filed 9-1-00; 8:45 am]
BILLING CODE 3810-FF-U