[Federal Register Volume 65, Number 207 (Wednesday, October 25, 2000)]
[Proposed Rules]
[Pages 63826-63836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27325]


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DEPARTMENT OF DEFENSE

Department of the Air Force

32 CFR Part 935

RIN 0701-AA65


Wake Island Code

AGENCY: Department of the Air Force, DoD.

ACTION: Proposed rule.

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SUMMARY: The Department of the Air Force proposes to revise the Wake 
Island Code. The current Wake Island Code was promulgated in 1972 when 
the Air Force had a significant military and civilian presence on the 
island. In 1994, the Air Force terminated operations on the island and 
removed its personnel. The small number of personnel currently on the 
island work for the Department of the Army or its contractors. It is 
not anticipated that Wake Island will again host a large permanent 
population. Because of the change in use and the passage of time, it is 
necessary to revise and update the Code to reflect current and 
anticipated use. The public is invited to submit comments on these 
changes to the point of contact listed below.

DATES: Submit comments on or before December 26, 2000.

ADDRESSES: Address all comments concerning this proposed rule to Mr. 
Philip Sheuerman, Associate General Counsel, Department of the Air 
Force, SAF/GCN, Room 4C921, 1740 Air Force Pentagon, Washington, DC 
20330-1740.

FOR FURTHER INFORMATION CONTACT: Mr. Philip Sheuerman, 703-695-4691.

SUPPLEMENTARY INFORMATION: This action is authorized by Sec. 48, Act of 
12 July 1960, 74 Stat. 424, Pub. L. 86-624; E.O. 11048, Sept. 1, 1962, 
27 FR 8851; agreement between the Department of Interior and Department 
of the Air Force, dated June 19, 1972, 37 FR 12255; and Secretary of 
the Air Force Order 111.1, dated April 26, 1999.
    Wake Island, including Peale and Wilkes Islands, is a possession of 
the United States. It is owned by the United States and is currently 
under the real property accountability of the Department of the Air 
Force. Wake Island does not have any aboriginal population and has been 
occupied intermittently since its accession to the United States by 
United States military and civilian personnel (excluding the period of 
Japanese occupation during World War II). The Air Force assumed 
jurisdiction and control from the Federal Aviation Administration in 
1972 and operated an air base there

[[Page 63827]]

until 1994. Because Wake Island is not part of any state or organized 
territory of the United States, it does not have an organic civil 
government. The Congress authorized the President to provide such civil 
government not otherwise provided for by law. The President delegated 
that authority to the Secretary of the Interior. The Secretary of the 
Interior has redelegated that authority to the Secretary of the Air 
Force. The Secretary of the Air Force has redelegated that authority to 
the General Counsel of the Air Force. The General Counsel has 
promulgated the Wake Island Code to provide for civil government not 
otherwise provided by law. The Wake Island Code has two primary 
purposes: (1) to provide regulations for conduct on Wake Island not 
otherwise provided by law; and (2) to provide a judicial system to 
enforce those requirements. It also delegates authority to the 
Commander of Pacific Air Forces to perform most of the functions of 
civil administration.
    The current Wake Island Code was written when the island had a 
substantial military and civilian population. The population currently 
consists of a small number of personnel working for the Army or for its 
contractors in support of the Ballistic Missile Defense Organization. 
It is not anticipated that Wake Island will again host a large 
permanent population. Additionally, it is currently anticipated that 
when the Department of Defense no longer has an operational mission 
requirement for Wake Island, the island will be turned over to the U.S. 
Fish and Wildlife Service, which currently has a refuge overlay over 
part of the island. The island has also been used recently as a transit 
point for illegal aliens being returned to their point of origin. 
Because of these changes and the passage of time, the current code has 
become outdated in some respects. The revised code would make a number 
of changes, the most significant of which are: (1) Require appointment 
of the Wake Island Court judges and officers of the court only as 
needed; (2) prohibit the importation or possession of non-indigenous 
flora or fauna (other than military working dogs and guide dogs for the 
blind); (3) clarify the authority to redelegate civil administrative 
authority and make it conform with the current Secretary of the Air 
Force Order on the subject; (4) update traffic rules including 
requiring the use of car safety belts; (5) explicitly identify certain 
federal officers deemed to be peace officers under the Code; (6) 
clarify the rules governing the judicial system; and (7) ban the 
private possession of firearms and explosives. In addition, numerous 
minor changes have been made to clarify language and promote internal 
consistency and conformity.
    The Department of the Air Force has determined that this rule is 
not a major rule because it will not have an annual effect on the 
economy of $100 million or more. The Secretary of the Air Force has 
certified that this rule is exempt from the requirements of the 
Regulatory Flexibility Act, 5 U.S.C. 601 to 612, because this rule does 
not have a significant economic impact on small entities as defined by 
the Act, and does not impose any obligatory information requirements 
beyond internal Air Force use.

List of Subjects in 32 CFR Part 935

    Administrative practice and procedure, Authority delegation 
(Government agencies), Courts, Crimes, and State and local governments.
    For the reasons set forth in the preamble, the Air Force is 
proposing to revise 32 CFR Part 935 to read as follows:

PART 935--WAKE ISLAND CODE

Subpart A--General

Sec.
935.1   Applicability.
935.2   Purpose.
935.3   Definitions.
Subpart B--Civil Administration Authority
935.10   Designation and delegation of authority.
935.11   Permits.
935.12   Functions, powers, and duties.
935.13   Revocation or suspension of permits and registrations.
935.14   Autopsies.
935.15   Notaries public.
935.16   Emergency authority.
Subpart C--Civil Law
935.20   Applicable law.
935.21   Civil rights, powers, and duties.
Subpart D--Criminal Law
935.30   General.
Subpart E--Petty Offenses
935.40   Criminal offenses.
Subpart F--Penalties
935.50   Petty offenses.
935.51   Motor vehicle violations.
935.52   Violations of Subpart O or P of this part.
935.53   Contempt.
Subpart G--Judiciary
935.60   Wake Island Judicial Authority.
935.61   Wake Island Court.
935.62   Island Attorney.
935.63   Public Defender.
935.64   Clerk of the Court.
935.65   Jurisdiction.
935.66   Court of Appeals.
935.67   Clerk of the Court of Appeals.
935.68   Jurisdiction of the Court of Appeals.
935.69   Qualifications and Admission to Practice.
Subpart H--Statute of Limitations
935.70   Limitation of actions.
Subpart I--Subpoenas, Wake Island Court
935.80   Subpoenas.
Subpart J--Civil Actions
935.90   General.
935.91   Summons.
935.92   Service of complaint.
935.93   Delivery of summons to plaintiff.
935.94   Answer.
935.95   Proceedings; record; judgment.
935.96   Execution of judgment.
935.97   Garnishment.
Subpart K--Criminal Actions
935.100   Bail.
935.101   Seizure of property.
935.102   Information.
935.103   Motions and pleas.
935.104   Sentence after a plea of guilty.
935.105   Trial.
Subpart L--Appeals and New Trials
935.110   Appeals.
935.111   New trial.
Subpart M--Peace Officers
935.120   Authority.
935.121   Qualifications of peace officers.
935.122   Arrests.
935.123   Warrants.
935.124   Release from custody.
935.125   Citation in place of arrest.
Subpart N--Motor Vehicle Code
935.130   Applicability.
935.131   Right-hand side of the road.
935.132   Speed limits.
935.133   Right-of-way.
935.134   Arm signals.
935.135   Turns.
935.136   General operating rules.
935.137   Operating requirements.
935.138   Motor bus operation.
935.139   Motor vehicle operator qualifications.
935.140   Motor vehicle maintenance and equipment.
Subpart O--Registration and Island Permits
935.150   Registration.
935.151   Island permit for boat or vehicle.
935.152   Activities for which permit is required.
Subpart P--Public Safety 935.160 Emergency requirements and 
restrictions.
935.161   Fire hazards.
935.162   Use of special areas.
935.163   Unexploded ordnance material.
935.164   Boat operations.
935.165   Floating objects.

    Authority: Sec. 48, Act of July 12, 1960, 74 Stat. 424, Pub. L. 
86-624; E.O. 11048, Sept. 1, 1962, 27 FR 8851; agreement between the 
Department of Interior and Department of the Air Force, dated June 
19, 1972, 37 FR 12255; and Secretary of the Air Force Order 111.1, 
dated April 26, 1999.

[[Page 63828]]

Subpart A--General


Sec. 935.1  Applicability.

    (a) The local civil and criminal laws of Wake Island consist of 
this part and applicable provisions of the laws of the United States.
    (b) For the purposes of this part, Wake Island includes Wake, 
Peale, and Wilkes Islands, and the appurtenant reefs, shoals, shores, 
bays, lagoons, keys, territorial waters, and superadjacent airspace of 
them.


Sec. 935.2  Purpose.

    The purpose of this part is to provide:
    (a) For the civil administration of Wake Island;
    (b) Civil laws for Wake Island not otherwise provided for;
    (c) Criminal laws for Wake Island not otherwise provided for; and,
    (d) A judicial system for Wake Island not otherwise provided for.


Sec. 935.3  Definitions.

    In this part:
    (a) General Counsel means the General Counsel of the Air Force or 
his successor in office.
    (b) Commander means the Commander, Wake Island.
    (c) Commander, Wake Island means the Commander of Pacific Air 
Forces or such subordinate commissioned officer of the Air Force to 
whom he may delegate his authority under this part.
    (d) He or his includes both the masculine and feminine genders, 
unless the context implies otherwise.
    (e) Judge includes Judges of the Wake Island Court and Court of 
Appeals.

Subpart B--Civil Administration Authority


Sec. 935.10  Designation and delegation of authority.

    (a) The civil administration authority at Wake Island is vested in 
the Secretary of the Air Force. That authority has been delegated to 
the General Counsel of the Air Force with authority to redelegate all 
or any part of his functions, powers, and duties under this part to 
such officers and employees of the Air Force as he may designate, but 
excluding redelegation of the power to promulgate, amend, or repeal 
this part, or any part thereof. Such redelegation must be in writing 
and must be in accordance with any applicable Secretary of the Air 
Force Orders. Such redelegation may be further redelegated subject to 
such restrictions as the delegating authority may impose. A 
redelegation may also be made to a commissioned officer serving in 
another United States military service who exercises military command, 
but such redelegation must explicitly and specifically list the powers 
redelegated and shall not include the power or authority to issue 
permits, licenses, or other outgrants unless individually approved by 
the Air Force official who made the redelegation. The Commander is the 
agent of the Secretary, his delegate and designee when carrying out any 
function, power, or duty assigned under this part.
    (b) The authority of the General Counsel to appoint Judges shall 
not be delegated.
    (c) Judges and officers of the court may not redelegate their 
powers or authorities except as specifically noted in this part.


Sec. 935.11  Permits.

    (a) Permits in effect on the effective date of this part continue 
in effect until revoked or rescinded by the Commander. Permits issued 
by the Commander shall conform to the requirements of Air Force 
Instruction 32-9003, or any successor instruction. No permit or 
registration shall be issued under other authority that is inconsistent 
with this part. The Commander may issue island permits or registration 
for--
    (1) Businesses, including any trade, profession, calling, or 
occupation, and any establishment where food or beverages are prepared, 
offered, or sold for human consumption.
    (2) Self-propelled motor vehicles, except aircraft, including 
attached trailers.
    (3) Vehicle operators.
    (4) Boats.
    (5) Food handlers.
    (6) Drugs, narcotics, and poisons.
    (7) Construction.
    (8) Burials.
    (b) To the extent it is not inconsistent with this part, any permit 
or registration issued pursuant to Air Force directives or instructions 
as applicable to Wake Island shall constitute a permit or registration 
under this section, and no other permit or registration shall be 
required.


Sec. 935.12  Functions, powers, and duties.

    The Commander may:
    (a) Appoint Peace Officers;
    (b) Direct the abatement of any public nuisance upon failure of any 
person to comply with a notice of removal;
    (c) Direct sanitation and fire prevention inspections;
    (d) Establish records of vital statistics;
    (e) Direct the registration and inspections of motor vehicles, 
boats, and aircraft;
    (f) Impose quarantines;
    (g) Direct the impoundment and destruction of unsanitary food, 
fish, or beverages;
    (h) Direct the evacuation of any person from a hazardous area;
    (i) Commission notaries public;
    (j) Establish and maintain a facility for the restraint or 
confinement of persons and provide for their care;
    (k) Direct the removal of any person from Wake Island and prohibit 
his future presence on the island;
    (l) Issue traffic regulations that are not inconsistent with this 
part, and post traffic signs;
    (m) Prohibit the posting, distribution, or public display of 
advertisements, signs, circulars, petitions, or similar materials, 
soliciting, picketing, or parading in any public place or area if he 
determines it would interfere with public business or endanger the 
health and safety of persons and property on Wake Island;
    (n) Perform or direct any other acts, not inconsistent with this 
part or applicable laws and regulations, if he considers it necessary 
for protection of the health or safety of persons and property on Wake 
Island; and,
    (o) Issue any order or notice necessary to implement this section. 
Any order or notice issued pursuant to Air Force directives and 
instructions as applicable to Wake Island shall constitute an order or 
notice issued pursuant to this section.


Sec. 935.13  Revocation or suspension of permits and registrations.

    (a) The Commander may revoke or suspend any island permit or 
registration for cause, with or without notice.
    (b) The holder of any revoked or suspended permit or registration 
may demand a personal hearing before the Commander within 30 days after 
the effective date of the revocation or suspension.
    (c) If a hearing is demanded, it shall be granted by the Commander 
within 30 days of the date of demand. The applicant may appear in 
person and present such documentary evidence as is pertinent. The 
Commander shall render a decision, in writing, setting forth his 
reasons, within 30 days thereafter.
    (d) If a hearing is not granted within 30 days, a written decision 
is not rendered within 30 days after a hearing, or the applicant 
desires to appeal a decision, he may, within 30 days after the latest 
of any of the foregoing dates appeal in writing to the General Counsel, 
whose decision shall be final.


Sec. 935.14  Autopsies.

    The medical officer on Wake Island, or any other qualified person 
under his supervision, may perform autopsies upon authorization of the 
Commander or a Judge of the Wake Island Court.

[[Page 63829]]

Sec. 935.15  Notaries public.

    (a) To the extent he considers there to be a need for such 
services, the Commander may commission one or more residents of Wake 
Island as notaries public. The Commander of Pacific Air Forces may not 
redelegate this authority.
    (b) A person applying for commission as a notary public must be a 
citizen of the United States and shall file an application, together 
with evidence of good character and a proposed seal in such form as the 
Commander requires, with a fee of $50 which shall be deposited in the 
Treasury as a miscellaneous receipt.
    (c) Upon determining there to be a need for such a service and 
after such investigation as he considers necessary, the Commander may 
commission an applicant as a notary public. Commissions shall expire 3 
years after the date thereof, and may be renewed upon application upon 
payment of a fee of $25.
    (d) Judges and the Clerk of the Wake Island Court and the Island 
Attorney shall have the general powers of a notary public.


Sec. 935.16  Emergency authority.

    During the imminence and duration of any emergency declared by him, 
the Commander may perform or direct any acts necessary to protect life 
and property.

Subpart C--Civil Law


Sec. 935.20  Applicable law.

    Civil acts and deeds taking place on Wake Island shall be 
determined and adjudicated as provided in this part; and otherwise, as 
provided in the Act of June 15, 1950 (64 Stat. 217) (48 U.S.C. 644a), 
according to the laws of the United States relating to such an act or 
deed taking place on the high seas on board a merchant vessel or other 
vessel belonging to the United States.


Sec. 935.21  Civil rights, powers, and duties.

    In any case in which the civil rights, powers, and duties of any 
person on Wake Island are not otherwise prescribed by the laws of the 
United States or this part, the civil rights, powers, and duties as 
they obtain under the laws of the State of Hawaii will apply to persons 
on Wake Island.

Subpart D--Criminal Law


Sec. 935.30  General.

    In addition to any act made criminal in this part, any act 
committed on Wake Island that would be criminal if committed on board a 
merchant vessel or other vessel belonging to the United States is a 
criminal offense and shall be adjudged and punished according to the 
laws applicable on board those vessels on the high seas.

Subpart E--Petty Offenses


Sec. 935.40  Criminal offenses.

    No person may on Wake Island:
    (a) Sell or give an alcoholic beverage manufactured for consumption 
(including beer, ale, or wine) to any person who is not at least 21 
years of age;
    (b) Procure for, engage in, aid or abet in, or solicit for 
prostitution;
    (c) Use any building, structure, vehicle, or public lands for the 
purpose of lewdness, assignation, or prostitution;
    (d) Possess or display (publicly or privately) any pornographic 
literature, film, device, or any matter containing obscene language, 
that tends to corrupt morals;
    (e) Make any obscene or indecent exposure of his person;
    (f) Commit any disorderly, obscene, or indecent act;
    (g) Commit any act of voyeurism (Peeping Tom);
    (h) Enter upon any assigned residential quarters or areas 
immediately adjacent thereto, without permission of the assigned 
occupant;
    (i) Discard or place any paper, debris, refuse, garbage, litter, 
bottle, can, human or animal waste, trash, or junk in any public place, 
except into a receptacle or place designated or used for that purpose;
    (j) Commit any act of nuisance;
    (k) With intent to provoke a breach of the peace or under such 
circumstances that a breach of the peace may be occasioned thereby, act 
in such a manner as to annoy, disturb, interfere with, obstruct, or be 
offensive to any other person;
    (l) Be drunk in any public place;
    (m) Use any profane or vulgar language in a public place;
    (n) Loiter or roam about Wake Island, without any lawful purpose, 
at late and unusual hours of the night;
    (o) Lodge or sleep in any place without the consent of the person 
in legal possession of that place;
    (p) Grossly waste any potable water;
    (q) Being a male, knowingly enter any area, building, or quarters 
reserved for women, except in accordance with established visiting 
procedures;
    (r) Smoke or ignite any fire in any designated and posted ``No 
Smoking'' area, or in the immediate proximity of any aircraft or 
fueling pit;
    (s) Enter any airplane parking area or ramp, unless he is on duty 
therein, is a passenger under appropriate supervision, or is authorized 
by the Commander to enter that place;
    (t) Interfere or tamper with any aircraft or servicing equipment or 
facility, or put in motion the engine of any aircraft without the 
permission of its operator;
    (u) Post, distribute, or publicly display advertisements, signs, 
circulars, petitions, or similar materials, or solicit, picket, or 
parade in any public place or area where prohibited by the Commander 
pursuant to Sec. 935.12;
    (v) Import onto or keep on Wake Island any plant or animal not 
indigenous to the island, other than military working dogs or a guide 
dog for the blind or visually-impaired accompanying its owner; or,
    (w) Import or bring onto or possess while on Wake Island any 
firearm, whether operated by air, gas, spring, or otherwise, or 
explosive device, including fireworks, unless owned by the United 
States.

Subpart F--Penalties


Sec. 935.50  Petty offenses.

    Whoever is found guilty of a violation of any provision of subpart 
E of this part is subject to a fine of not more than $500 or 
imprisonment of not more than 6 months, or both.


Sec. 935.51  Motor vehicle violations.

    Whoever is found guilty of a violation of subpart N of this part is 
subject to a fine of not more than $100, imprisonment of not more than 
30 days, or suspension or revocation of his motor vehicle operator's 
permit, or any combination or all of these punishments.


Sec. 935.52  Violations of Subpart O or P of this part.

    (a) Whoever is found guilty of a violation of subpart O or P of 
this part is subject to a fine of not more than $100, or imprisonment 
of not more than 30 days, or both.
    (b) The penalties prescribed in paragraph (a) of this section are 
in addition to and do not take the place of any criminal penalty 
otherwise applicable and currently provided by the laws of the United 
States.


Sec. 935.53  Contempt.

    A Judge may, in any civil or criminal case or proceeding, punish 
any person for disobedience of any order of the Court, or for any 
contempt committed in the presence of the Court, by a fine of not more 
than $100, or imprisonment of not more than 30 days, or both.

[[Page 63830]]

Subpart G--Judiciary


Sec. 935.60  Wake Island Judicial Authority.

    (a) The judicial authority under this part is vested in the Wake 
Island Court and the Wake Island Court of Appeals.
    (b) The Wake Island Court and the Wake Island Court of Appeals 
shall each have a seal approved by the General Counsel.
    (c) Judges and Clerks of the Courts may administer oaths.


Sec. 935.61  Wake Island Court.

    (a) The trial judicial authority for Wake Island is vested in the 
Wake Island Court.
    (b) The Wake Island Court consists of one or more Judges, appointed 
by the General Counsel as needed. The term of a Judge shall be for one 
year, but he may be re-appointed. When the Wake Island Court consists 
of more than one Judge, the General Counsel shall designate one of the 
Judges as the Chief Judge who will assign matters to Judges, determine 
when the Court will sit individually or en banc, and prescribe rules of 
the Court not otherwise provided for in this Code. If there is only one 
Judge appointed, that Judge shall be the Chief Judge.
    (c) Sessions of the Court are held on Wake Island or Hawaii at 
times and places designated by the Chief Judge.


Sec. 935.62  Island Attorney.

    There is an Island Attorney, appointed by the General Counsel as 
needed. The Island Attorney shall serve at the pleasure of the General 
Counsel. The Island Attorney represents the United States in the Wake 
Island Court and in the Wake Island Court of Appeals.


Sec. 935.63  Public Defender.

    There is a Public Defender, appointed by the General Counsel as 
needed. The Public Defender shall serve at the pleasure of the General 
Counsel. The Public Defender represents any person charged with an 
offense under this Code who requests representation and who is not able 
to afford his own legal representation.


Sec. 935.64  Clerk of the Court.

    There is a Clerk of the Court, who is appointed by the Chief Judge. 
The Clerk shall serve at the pleasure of the Chief Judge. The Clerk 
maintains a public docket containing such information as the Chief 
Judge may prescribe, administers oaths, and performs such other duties 
as the Court may direct. The Clerk is an officer of the Court.


Sec. 935.65  Jurisdiction.

    (a) The Wake Island Court has jurisdiction over all offenses under 
this Code and all actions of a civil nature, cognizable at law or in 
equity, where the amount in issue is not more than $1,000, exclusive of 
interests and costs, but not including changes of name or domestic 
relations matters.
    (b) The United States is not subject to suit in the Court.
    (c) The United States may intervene in any matter in which the 
Island Attorney determines it has an interest.


Sec. 935.66  Court of Appeals.

    (a) The appellate judicial authority for Wake Island is vested in 
the Wake Island Court of Appeals.
    (b) The Wake Island Court of Appeals consists of a Chief Judge and 
two Associate Judges, appointed by the General Counsel as needed. The 
term of a judge shall be for one year, but he may be reappointed. The 
Chief Judge assigns matters to Judges, determines whether the Court 
sits individually or en banc, and prescribes rules of the Court not 
otherwise provided for in this Code.
    (c) Sessions of the Court of Appeals are held in the National 
Capital Region at times and places designated by the Chief Judge. The 
Court may also hold sessions at Wake Island or in Hawaii.
    (d) A quorum of the Court of Appeals will consist of one Judge when 
sitting individually and three Judges when sitting en banc.
    (e) The address of the Court of Appeals is--Wake Island Court of 
Appeals, SAF/GC, Room 4E856, 1740 Air Force Pentagon, Washington, DC 
20330-1740.


Sec. 935.67  Clerk of the Court of Appeals.

    There is a Clerk of the Court of Appeals, who is appointed by the 
Chief Judge. The Clerk serves at the pleasure of the Chief Judge. The 
Clerk maintains a public docket containing such information as the 
Chief Judge may prescribe, administers oaths, and performs such other 
duties as the Court directs. The Clerk is an officer of the Court.


Sec. 935.68  Jurisdiction of the Court of Appeals.

    The Court of Appeals has jurisdiction over all appeals from the 
Wake Island Court.


Sec. 935.69  Qualifications and Admission to Practice.

    (a) No person may be appointed a Judge, Island Attorney, or Public 
Defender under this part who is not a member of the bar of a State, 
Commonwealth, or Territory of the United States or of the District of 
Columbia.
    (b) Any person, other than an officer or employee of the Department 
of the Air Force, appointed as a Judge, Island Attorney, Public 
Defender, or to any other office under this part shall, prior to 
entering upon the duties of that office, take an oath, prescribed by 
the General Counsel, to preserve, protect, and defend the Constitution 
of the United States. Such oath may be administered by any officer or 
employee of the Department of the Air Force.
    (c) Civilian officers and employees of the Department of the Air 
Force may be appointed as a Judge, Island Attorney, Public Defender, or 
Clerk, as an additional duty and to serve without additional 
compensation. Officers and employees of the Department of the Air 
Force, both civilian and military, who serve in positions designated as 
providing legal services to the Department and who are admitted to 
practice law in an active status before the highest court of a State, 
Commonwealth, or territory of the United States, or of the District of 
Columbia, and are in good standing therewith, are admitted to the Bar 
of the Wake Island Court and the Wake Island Court of Appeals.
    (d) No person may practice law before the Wake Island Court or the 
Wake Island Court of Appeals who is not admitted to Bar of those 
courts. Any person admitted to practice law in an active status before 
the highest court of a State, Commonwealth, or territory of the United 
States, or of the District of Columbia, and in good standing therewith, 
may be admitted to the Bar of the Wake Island Court and the Wake Island 
Court of Appeals. Upon request of the applicant, the Court, on its own 
motion, may grant admission. A grant of admission by either court 
constitutes admission to practice before both courts.

Subpart H--Statute of Limitations


Sec. 935.70  Limitation of actions.

    (a) No civil action may be filed more than 1 year after the cause 
of action arose.
    (b) No person is liable to be tried under this Code for any offense 
if the offense was committed more than 1 year before the date the 
information or citation is filed with the Clerk of the Wake Island 
Court.

Subpart I--Subpoenas, Wake Island Court


Sec. 935.80  Subpoenas.

    (a) A Judge or the Clerk of the Court shall issue subpoenas for the 
attendance of witnesses. The subpoena must include the name of the 
Court and the title, if any, of the proceeding; and shall command each 
person to whom it is

[[Page 63831]]

directed to attend and give testimony at the time and place specified 
therein. The Clerk may issue a subpoena for a party requesting it, 
setting forth the name of the witness subpoenaed.
    (b) A Judge or the Clerk may also issue a subpoena commanding the 
person to whom it is directed to produce the books, papers, documents, 
or other objects designated therein. The Court may direct that books, 
papers, documents, or other objects designated in the subpoena be 
produced before the Court at a time before the trial or before the time 
when they are to be offered into evidence. It may, upon their 
production, allow the books, papers, documents, or objects or portions 
thereof to be inspected by the parties and their representatives.
    (c) Any peace officer or any other person who is not a party and 
who is at least 18 years of age may serve a subpoena. Service of a 
subpoena shall be made by delivering a copy thereof to the person 
named.
    (d) The Clerk of the Court shall assess and collect a witness fee 
of $40 for each subpoena requested by any party other than the United 
States, which shall be tendered to the witness as his witness fee 
together with service of the subpoena. Witnesses subpoenaed by the 
Island Attorney shall be entitled to a fee of $40 upon presentment of a 
proper claim therefor on the United States. No duly summoned witness 
may refuse, decline, or fail to appear or disobey a subpoena on the 
ground that the witness fee was not tendered or received.
    (e) Upon a showing that the evidence is necessary to meet the ends 
of justice and that the defendant is indigent, the Public Defender may 
request the Court to direct the Island Attorney to obtain the issuance 
of a subpoena on behalf of a defendant in a criminal case. Witnesses so 
called on behalf of the defendant shall be entitled to the same witness 
fees as witnesses requested by the Island Attorney.
    (f) Subpoenas may be credited only to persons or things on Wake 
Island.
    (g) No person who is being held on Wake Island because of 
immigration status shall be entitled to a witness fee, but shall 
nevertheless be subject to subpoena like any other person.

Subpart J--Civil Actions


Sec. 935.90  General.

    (a) The Federal Rules of Civil Procedure apply to civil actions in 
the Court to the extent the presiding Judge considers them applicable 
under the circumstances.
    (b) There is one form of action called the ``Civil Action.''
    (c) Except as otherwise provided for in this part, there is no 
trial by jury.
    (d) A civil action begins with the filing of a complaint with the 
Court. The form of the complaint is as follows except as it may be 
modified to conform as appropriate to the particular action:

In the Wake Island Court
Civil Action No. ______
----------------------------------------------------------------------
(Plaintiff)
vs. Complaint
----------------------------------------------------------------------
(Defendant)
    ________ plaintiff alleges that the defendant is indebted to 
plaintiff in the sum of $______; that plaintiff has demanded payment 
of said sum; that defendant has refused to pay; that defendant 
resides at ______ on Wake Island; that plaintiff resides at 
________.
----------------------------------------------------------------------
(Plaintiff)


Sec. 935.91  Summons.

    Upon the filing of a complaint, a Judge or Clerk of the Court shall 
issue a summons in the following form and deliver it for service to a 
peace officer or other person specifically designated by the Court to 
serve it:

In the Wake Island Court

Civil Action No. ______
----------------------------------------------------------------------
(Plaintiff)
vs. Summons
----------------------------------------------------------------------
(Defendant)
    To the above-named defendant:
    You are hereby directed to appear and answer the attached cause 
at ______ on ______ day of ________, 20 ______, at ____ __.M. and to 
have with you all books, papers, and witnesses needed by you to 
establish any defense you have to said claim.
    You are further notified that in case you do not appear, 
judgment will be given against you, for the amount of said claim, 
together with cost of this suit and the service of this order.
    Dated: ______, 20 ____.
----------------------------------------------------------------------
(Clerk, Wake Island Court)

Sec. 935.92  Service of complaint.

    (a) A peace officer or other person designated by the Court to make 
service shall serve the summons and a copy of the complaint at Wake 
Island upon the defendant personally, or by leaving them at his usual 
place of abode with any adult residing or employed there.
    (b) In the case of a corporation, partnership, joint stock company, 
trading association, or other unincorporated association, service may 
be made at Wake Island by delivering a copy of the summons and 
complaint to any of its officers, a managing or general agent, or any 
other agent authorized by appointment or by law to receive service.


Sec. 935.93  Delivery of summons to plaintiff.

    The Clerk of the Court shall promptly provide a copy of the summons 
to the plaintiff, together with notice that if the plaintiff fails to 
appear at the Court at the time set for the trial, the case will be 
dismissed. The trial shall be set at a date that will allow each party 
at least 7 days, after the pleadings are closed, to prepare.


Sec. 935.94  Answer.

    (a) The defendant may, at his election, file an answer to the 
complaint.
    (b) The defendant may file a counterclaim, setoff, or any 
reasonable affirmative defense.
    (c) If the defendant elects to file a counterclaim, setoff, or 
affirmative defense, the Court shall promptly send a copy of it to the 
plaintiff.


Sec. 935.95  Proceedings; record; judgment.

    (a) The presiding Judge is responsible for the making of an 
appropriate record of each civil action.
    (b) All persons shall give their testimony under oath or 
affirmation. The Chief Judge shall prescribe the oath and affirmation 
that may be administered by any Judge or the Clerk of the Court.
    (c) Each party may present witnesses and other forms of evidence. 
In addition, the presiding Judge may informally investigate any 
controversy, in or out of the Court, if the evidence obtained as a 
result is adequately disclosed to all parties. Witnesses, books, 
papers, documents, or other objects may be subpoenaed as provided for 
in Sec. 935.80 for criminal cases.
    (d) The Court may issue its judgment in writing or orally from the 
bench. However, if an appeal is taken from the judgment, the presiding 
Judge shall, within 10 days after it is filed, file a memorandum of 
decision as a part of the record. The Judge shall place in the 
memorandum findings of fact, conclusions of law, and any comments that 
he considers will be helpful to a thorough understanding and just 
determination of the case on appeal.


Sec. 935.96  Execution of judgment.

    (a) If, after 60 days after the date of entry of judgment (or such 
other period as the Court may prescribe), the judgment debtor has not 
satisfied the judgment, the judgment creditor may apply to the Court 
for grant of execution on the property of the judgment debtor.
    (b) Upon a writ issued by the Court, any peace officer may levy 
execution on any property of the judgment debtor except--
    (1) His wearing apparel up to a total of $300 in value;

[[Page 63832]]

    (2) His beds, bedding, household furniture and furnishings, stove, 
and cooking utensils, up to a total of $300 in value; and,
    (3) Mechanics tools and implements of the debtor's trade up to a 
total of $200 in value.
    (c) Within 60 days after levy of execution, a peace officer shall 
sell the seized property at public sale and shall pay the proceeds to 
the Clerk of the Court. The Clerk shall apply the proceeds as follows:
    (1) First, to the reasonable costs of execution and sale and court 
costs.
    (2) Second, to the judgment.
    (3) Third, the residue (if any) to the debtor.
    (d) In any case in which property has been seized under a writ of 
execution, but not yet sold, the property seized shall be released upon 
payment of the judgment, court costs, and the costs of execution.


Sec. 935.97  Garnishment.

    (a) If a judgment debtor fails to satisfy a judgment in full within 
60 days after the entry of judgment (or such other period as the Court 
may prescribe), the Court may, upon the application of the judgment 
creditor issue a writ of garnishment directed to any person having 
money or property in his possession belonging to the judgment debtor or 
owing money to the judgment debtor. The following are exempt from 
judgment:
    (1) Ninety percent of so much of the gross wages as does not exceed 
$200 due to the judgment debtor from his employer.
    (2) Eighty percent of so much of the gross wages as exceeds $200 
but does not exceed $500 due to the judgment debtor from his employer;
    (3) Fifty percent of so much of the gross wages as exceeds $500 due 
to the judgment debtor from his employer.
    (b) The writ of garnishment shall be served on the judgment debtor 
and the garnishee and shall direct the garnishee to pay or deliver from 
the money or property owing to the judgment debtor such money or 
property as the Court may prescribe.
    (c) The garnished amount shall be paid to the Clerk of the Court, 
who shall apply it as follows:
    (1) First, to satisfy the costs of garnishment and court costs.
    (2) Second, to satisfy the judgment.
    (3) Third, the residue (if any) to the judgment debtor.
    (d) Funds of the debtor held by the United States are not subject 
to garnishment.

Subpart K--Criminal Actions


Sec. 935.100  Bail.

    (a) A person who is arrested on Wake Island for any violation of 
this part is entitled to be released on bail in an amount set by a 
Judge or Clerk of the Court, which may not exceed the maximum fine for 
the offense charged. If the defendant fails to appear for arraignment, 
trial or sentence, or otherwise breaches any condition of bail, the 
Court may direct a forfeiture of the whole or part of the bail and may 
on motion after notice to the surety or sureties, if any, enter a 
judgment for the amount of the forfeiture.
    (b) The Chief Judge of the Wake Island Court may prescribe a 
schedule of bail for any offense under this Code which the defendant 
may elect to post and forfeit without trial, in which case the Court 
shall enter a verdict of guilty and direct forfeiture of the bail.
    (c) Bail will be deposited in cash with the Clerk of the Court.


Sec. 935.101  Seizure of property.

    Any property seized in connection with an alleged offense (unless 
the property is perishable) is retained pending trial in accordance 
with the orders of the Court. The property must be produced in Court, 
if practicable. At the termination of the trial, the Court shall 
restore the property or the funds resulting from the sale of the 
property to the owner, or make such other proper order as may be 
required and incorporate its order in the record of the case. Any item 
used in the commission of the offense, may, upon order of the Court, be 
forfeited to the United States. All contraband, which includes any item 
that is illegal for the owner to possess, shall be forfeited to the 
United States; such forfeiture shall not relieve the owner from whom 
the item was taken from any costs or liability for the proper disposal 
of such item.


Sec. 935.102  Information.

    (a) Any offense may be prosecuted by a written information signed 
by the Island Attorney. However, if the offense is one for which issue 
of a citation is authorized by this part and a citation for the offense 
has been issued, the citation serves as an information.
    (b) A copy of the information shall be delivered to the accused, or 
his counsel, as soon as practicable after it is filed.
    (c) Each count of an information may charge one offense only and 
must be particularized sufficiently to identify the place, the time, 
and the subject matter of the alleged offense. It shall refer to the 
provision of law under which the offense is charged, but any error in 
this reference or its omission may be corrected by leave of Court at 
any time before sentence and is not grounds for reversal of a 
conviction if the error or omission did not mislead the accused to his 
prejudice.


Sec. 935.103  Motions and pleas.

    (a) Upon motion of the accused at any time after filing of the 
information or copy of citation, the Court may order the prosecutor to 
allow the accused to inspect and copy or photograph designated books, 
papers, documents, or tangible objects obtained from or belonging to 
the accused, or obtained from others by seizure or process, upon a 
showing that the items sought may be material to the preparation of his 
defense and that the request is reasonable.
    (b) When the Court is satisfied that it has jurisdiction to try the 
accused as charged, it shall require the accused to identify himself 
and state whether or not he has counsel. If he has no counsel, but 
desires counsel, the Court shall give him a reasonable opportunity to 
procure counsel.
    (c) When both sides are ready for arraignment, or when the Court 
determines that both sides have had adequate opportunities to prepare 
for arraignment, the Court shall read the charges to the accused, 
explain them (if necessary), and, after the reading or stating of each 
charge in Court, ask the accused whether he pleads ``guilty'' or ``not 
guilty''. The Court shall enter in the record of the case the plea made 
to each charge.
    (d) The accused may plead ``guilty'' to any or all of the charges 
against him, except that the Court may in its discretion refuse to 
accept a plea of guilty, and may not accept a plea without first 
determining that the plea is made voluntarily with understanding of the 
nature of the charge.
    (e) The accused may plead ``not guilty'' to any or all of the 
charges against him. The Court shall enter a plea of not guilty if the 
answer of the accused to any charge is such that it does not clearly 
amount to a plea of guilty or not guilty.
    (f) The accused may, at any stage of the trial, with the consent of 
the Court, change a plea of not guilty to one of guilty. The Court 
shall then proceed as if the accused had originally pleaded guilty.


Sec. 935.104  Sentence after a plea of guilty.

    If the Court accepts a plea of guilty to any charge or charges, it 
shall make a finding of guilty on that charge. Before imposing 
sentence, the Court shall hear such statements for the prosecution and

[[Page 63833]]

defense, if any, as it requires to enable it to determine the sentence 
to be imposed. The accused or his counsel may make any reasonable 
statement he wishes in mitigation or of previous good character. The 
prosecution may introduce evidence in aggravation, or of bad character 
if the accused has introduced evidence of good character. The Court 
shall then impose any lawful sentence that it considers proper.


Sec. 935.105  Trial.

    (a) If the accused pleads not guilty, he is entitled to a trial on 
the charges in accordance with procedures prescribed in the Rules of 
Criminal Procedure for the U.S. District Courts, except as otherwise 
provided for in this part, to the extent the Court considers 
practicable and necessary to the ends of justice. There is no trial by 
jury.
    (b) All persons shall give their testimony under oath or 
affirmation. The Chief Judge shall prescribe the oath and affirmation 
that may be administered by any Judge or the Clerk of the Court.
    (c) Upon completion of the trial, the Court shall enter a judgment 
consisting of a finding or findings and sentence or sentences, or 
discharge of the accused.
    (d) The Court may suspend any sentence imposed, may order the 
revocation of any Island automobile permit in motor vehicle cases, and 
may place the accused on probation. It may delay sentencing pending the 
receipt of any presentencing report ordered by it.

Subpart L--Appeals and New Trials


Sec. 935.110  Appeals.

    (a) Any party to an action may, within 15 days after judgment, 
appeal an interlocutory order, issue of law, or judgment, except that 
an acquittal may not be appealed, by filing a notice of appeal with the 
Clerk of the Wake Island Court and serving a copy on the opposing 
party. Judgment is stayed while the appeal is pending.
    (b) Upon receiving a notice of appeal with proof of service on the 
opposing party, the Clerk shall forward the record of the action to the 
Wake Island Court of Appeals.
    (c) The appellant shall serve on the opposing party and file a 
memorandum setting forth his grounds of appeal with the Wake Island 
Court of Appeals within 15 days after the date of the judgment. The 
appellee may serve and file a reply memorandum within 15 days 
thereafter. An appeal and the reply shall be deemed to be filed when 
deposited in the U.S. mail with proper postage affixed, addressed to 
the Clerk, Wake Island Court of Appeals, at his address in Washington, 
DC. The period for filing an appeal may be waived by the Court of 
Appeals when the interests of justice so require.
    (d) The Court of Appeals may proceed to judgment on the record, or, 
if the Court considers that the interests of justice so require, grant 
a hearing.
    (e) The decision of the Court of Appeals shall be in writing and 
based on the record prepared by the Wake Island Court, on the 
proceedings before the Court of Appeals, if any be had, and on any 
memoranda that are filed. If the Court of Appeals considers the record 
incomplete, the case may be remanded to the Wake Island Court for 
further proceedings.
    (f) The decision of the Court of Appeals is final.


Sec. 935.111  New trial.

    A Judge of the Wake Island Court may order a new trial as required 
in the interest of justice, or vacate any judgment and enter a new one, 
on motion made within a reasonable time after discovery by the moving 
party of matters constituting the grounds upon which the motion for new 
trial or vacation of judgment is made.

Subpart M--Peace Officers


Sec. 935.120  Authority.

    Peace officers:
    (a) Have the authority of a sheriff at common law;
    (b) May serve any process on Wake Island that is allowed to be 
served under a Federal or State law; the officer serving the process 
shall execute any required affidavit of service;
    (c) May conduct sanitation or fire prevention inspections;
    (d) May inspect motor vehicles, boats, and aircraft;
    (e) May confiscate property used in the commission of a crime;
    (f) May deputize any member of the Air Force serving on active duty 
or civilian employee of the Department of the Air Force to serve as a 
peace officer;
    (g) May investigate accidents and suspected crimes;
    (h) May direct vehicular or pedestrian traffic;
    (i) May remove and impound abandoned or unlawfully parked vehicles, 
boats, or aircraft, or vehicles, boats, or aircraft interfering with 
fire control apparatus or ambulances;
    (j) May take possession of property lost, abandoned, or of unknown 
ownership;
    (k) May enforce quarantines;
    (l) May impound and destroy food, fish, or beverages found 
unsanitary;
    (m) May be armed;
    (n) May exercise custody over persons in arrest or confinement;
    (o) May issue citations for violations of this part; and,
    (p) May make arrests, as provided for in Sec. 935.122.


Sec. 935.121  Qualifications of peace officers.

    Any person appointed as a peace officer must be a citizen of the 
United States and have attained the age of 18 years. The following 
persons, while on Wake Island on official business, shall be deemed 
peace officers: special agents of the Air Force Office of Special 
Investigations, members of the Air Force Security Forces, agents of the 
Federal Bureau of Investigation, United States marshals and their 
deputies, officers and agents of the United States Secret Service, 
agents of the United States Bureau of Alcohol, Tobacco, and Firearms, 
agents of the United States Customs Service, and agents of the United 
States Immigration and Naturalization Service.


Sec. 935.122  Arrests.

    (a) Any person may make an arrest on Wake Island, without a 
warrant, for any crime (including a petty offense) that is committed in 
his presence.
    (b) Any peace officer may, without a warrant, arrest any person on 
Wake Island who violates any provision of this part or commits a crime 
that is not a violation of this part, in his presence, or that he 
reasonably believes that person to have committed.
    (c) In making an arrest, a peace officer must display a warrant, if 
he has one, or otherwise clearly advise the person arrested of the 
violation alleged, and thereafter require him to submit and be taken 
before the appropriate official on Wake Island.
    (d) In making an arrest, a peace officer may use only the degree of 
force needed to effect submission, and may remove any weapon in the 
possession of the person arrested.
    (e) A peace officer may, whenever necessary to enter any building, 
vehicle, or aircraft to execute a warrant of arrest, force an entry 
after verbal warning.
    (f) A peace officer may force an entry into any building, vehicle, 
or aircraft whenever--
    (1) It appears necessary to prevent serious injury to persons or 
damage to property and time does not permit the obtaining of a warrant;
    (2) To effect an arrest when in hot pursuit; or
    (3) To prevent the commission of a crime which he reasonably 
believes is being committed or is about to be committed.

[[Page 63834]]

Sec. 935.123  Warrants.

    Any Judge may issue or direct the Clerk to issue a warrant for 
arrest if, upon complaint, it appears that there is probable cause to 
believe an offense has been committed and that the person named in the 
warrant has committed it. If a Judge is not available, the warrant may 
be issued by the Clerk and executed, but any such warrant shall be 
thereafter approved or quashed by the first available Judge. The 
issuing officer shall:
    (a) Place the name of the person charged with the offense in the 
warrant, or if his name is not known, any name or description by which 
he can be identified with reasonable certainty;
    (b) Describe in the warrant the offense charged;
    (c) Place in the warrant a command that the person charged with the 
offense be arrested and brought before the Wake Island Court;
    (d) Sign the warrant; and,
    (e) Issue the warrant to a peace officer for execution.


Sec. 935.124  Release from custody.

    The Chief Judge may authorize the Clerk to issue pro forma orders 
of the Court discharging any person from custody, with or without bail, 
pending trial, whenever further restraint is not required for 
protection of persons or property on Wake Island. Persons not so 
discharged shall be brought before a Judge or U.S. Magistrate as soon 
as a Judge or Magistrate is available. Judges may discharge defendants 
from custody, with or without bail or upon recognizance, or continue 
custody pending trial as the interests of justice and public safety 
require.


Sec. 935.125  Citation in place of arrest.

    In any case in which a peace officer may make an arrest without a 
warrant, he may issue and serve a citation if he considers that the 
public interest does not require an arrest. The citation must briefly 
describe the offense charged and direct the accused to appear before 
the Wake Island Court at a designated time and place.

Subpart N--Motor Vehicle Code


Sec. 935.130  Applicability.

    This subpart applies to self-propelled motor vehicles (except 
aircraft), including attached trailers.


Sec. 935.131  Right-hand side of the road.

    Each person driving a motor vehicle on Wake Island shall drive on 
the right-hand side of the road, except where necessary to pass or on 
streets where a sign declaring one-way traffic is posted.


Sec. 935.132  Speed limits.

    Each person operating a motor vehicle on Wake Island shall operate 
it at a speed:
    (a) That is reasonable, safe, and proper, considering time of day, 
road and weather conditions, the kind of motor vehicle, and the 
proximity to persons or buildings, or both; and
    (b) That does not exceed 40 miles an hour or such lesser speed 
limit as may be posted.


Sec. 935.133  Right-of-way.

    (a) A pedestrian has the right-of-way over vehicular traffic when 
in the vicinity of a building, school, or residential area.
    (b) In any case in which two motor vehicles have arrived at an 
uncontrolled intersection at the same time, the vehicle on the right 
has the right-of-way.
    (c) If the driver of a motor vehicle enters an intersection with 
the intent of making a left turn, he shall yield the right-of-way to 
any other motor vehicle that has previously entered the intersection or 
is within hazardous proximity.
    (d) When being overtaken by another motor vehicle, the driver of 
the slower vehicle shall move it to the right to allow safe passing.
    (e) The driver of a motor vehicle shall yield the right-of-way to 
emergency vehicles on an emergency run.


Sec. 935.134  Arm signals.

    (a) Any person operating a motor vehicle and making a turn or 
coming to a stop shall signal the turn or stop in accordance with this 
section.
    (b) A signal for a turn or stop is made by fully extending the left 
arm as follows:
    (1) Left turn--extend left arm horizontally.
    (2) Right turn--extend left arm upward.
    (3) Stop or decrease speed--extend left arm downward.
    (c) A signal light or other device may be used in place of an arm 
signal prescribed in paragraph (b) of this section if it is visible and 
intelligible.


Sec. 935.135  Turns.

    (a) Each person making a right turn in a motor vehicle shall make 
the approach and turn as close as practicable to the right-hand curb or 
road edge.
    (b) Each person making a left turn in a motor vehicle shall make 
the approach and turn immediately to the right of the center of the 
road, except that on multi-lane roads of one-way traffic flow he may 
make the turn only from the left lane.
    (c) No person may make a U-turn in a motor vehicle if he cannot be 
seen by the driver of any approaching vehicle within a distance of 500 
feet.
    (d) No person may place a vehicle in motion from a stopped 
position, or change from or merge into a lane of traffic, until he can 
safely make that movement.


Sec. 935.136  General operating rules.

    No person may, while on Wake Island--
    (a) Operate a motor vehicle in a careless or reckless manner;
    (b) Operate or occupy a motor vehicle while he is under the 
influence of a drug or intoxicant;
    (c) Consume an alcoholic beverage (including beer, ale, or wine) 
while he is in a motor vehicle;
    (d) Operate a motor vehicle that is overloaded or is carrying more 
passengers than it was designed to carry;
    (e) Ride on the running board, step, or outside of the body of a 
moving motor vehicle;
    (f) Ride a moving motor vehicle with his arm or leg protruding, 
except when using the left arm to signal a turn;
    (g) Operate a motor vehicle in a speed contest or drag race;
    (h) Park a motor vehicle for a period longer than the posted time 
limit;
    (i) Stop, park, or operate a motor vehicle in a manner that impedes 
or blocks traffic;
    (j) Park a motor vehicle in an unposted area, except adjacent to 
the right-hand curb or edge of the road;
    (k) Park a motor vehicle in a reserved or restricted parking area 
that is not assigned to him;
    (l) Sound the horn of a motor vehicle, except as a warning signal;
    (m) Operate a tracked or cleated vehicle in a manner that damages a 
paved or compacted surface;
    (n) Operate any motor vehicle contrary to a posted traffic sign;
    (o) Operate a motor vehicle as to follow any other vehicle closer 
than is safe under the circumstances;
    (p) Operate a motor vehicle off of established roads, or in a 
cross-country manner, except when necessary in conducting business;
    (q) Operate a motor vehicle at night or when raining on the 
traveled part of a street or road, without using operating headlights; 
or,
    (r) Operate a motor vehicle without each passenger wearing a safety 
belt; this shall not apply to military combat vehicles designed and 
fabricated without safety belts.


Sec. 935.137  Operating requirements.

    Each person operating a motor vehicle on Wake Island shall:

[[Page 63835]]

    (a) Turn off the highbeam headlights of his vehicle when 
approaching an oncoming vehicle at night; and,
    (b) Comply with any special traffic instructions given by an 
authorized person.


Sec. 935.138  Motor bus operation.

    Each person operating a motor bus on Wake Island shall:
    (a) Keep its doors closed while the bus is moving with passengers 
on board; and,
    (b) Refuse to allow any person to board or alight the bus while it 
is moving.


Sec. 935.139  Motor vehicle operator qualifications.

    (a) No person may operate a privately owned motor vehicle on Wake 
Island unless he has an island operator's permit.
    (b) The Commander may issue an operator's permit to any person who 
is at least 18 years of age and satisfactorily demonstrates safe-
driving knowledge, ability, and physical fitness.
    (c) No person may operate, on Wake Island, a motor vehicle owned by 
the United States unless he holds a current operator's permit issued by 
the United States.
    (d) Each person operating a motor vehicle on Wake Island shall 
present his operator's permit to any peace officer, for inspection, 
upon request.


Sec. 935.140  Motor vehicle maintenance and equipment.

    (a) Each person who has custody of a motor vehicle on Wake Island 
shall present that vehicle for periodic safety inspection, as required 
by the Commander.
    (b) No person may operate a motor vehicle on Wake Island unless it 
is in a condition that the Commander considers to be safe and operable.
    (c) No person may operate a motor vehicle on Wake Island unless it 
is equipped with an adequate and properly functioning--
    (1) Horn;
    (2) Wiper, for any windshield;
    (3) Rear vision mirror;
    (4) Headlights and taillights;
    (5) Brakes;
    (6) Muffler;
    (7) Spark or ignition noise suppressors, and,
    (8) Safety belts.
    (d) No person may operate a motor vehicle on Wake Island if that 
vehicle is equipped with a straight exhaust or muffler cutoff.

Subpart O--Registration and Island Permits


Sec. 935.150  Registration.

    (a) Each person who has custody of any of the following on Wake 
Island shall register it with the Commander.
    (1) A privately owned motor vehicle.
    (2) A privately owned boat.
    (3) An indigenous animal, military working dog, or guide dog for 
the blind or visually-impaired accompanying its owner.
    (4) A narcotic or dangerous drug or any poison.
    (b) Each person who obtains custody of an article described in 
paragraph (a) (4) of this section shall register it immediately upon 
obtaining custody. Each person who obtains custody of any other article 
described in paragraph (a) of this section shall register it within 10 
days after obtaining custody.


Sec. 935.151  Island permit for boat and vehicle.

    (a) No person may use a privately owned motor vehicle or boat on 
Wake Island unless he has an island permit for it.
    (b) The operator of a motor vehicle shall display its registration 
number on the vehicle in a place and manner prescribed by the 
Commander.


Sec. 935.152  Activities for which permit is required.

    No person may engage in any of the following on Wake Island unless 
he has an island permit:
    (a) Any business, commercial, or recreational activity conducted 
for profit, including a trade, profession, calling, or occupation, or 
an establishment where food or beverage is prepared, offered, or sold 
for human consumption (except for personal or family use).
    (b) The practice of any medical profession, including dentistry, 
surgery, osteopathy, and chiropractic.
    (c) The erection of any structure or sign, including a major 
alteration or enlargement of an existing structure.
    (d) The burial of any human or animal remains, except that fish and 
bait scrap may be buried at beaches where fishing is permitted, without 
obtaining a permit.
    (e) Keeping or maintaining an indigenous animal.
    (f) Importing, storing, generating, or disposing of hazardous 
materials.
    (g) Importing of solid wastes and importing, storing, generating, 
treating, or disposing of hazardous wastes, as they are defined in the 
Solid Waste Disposal Act, as amended, 42 U.S.C. 6901 et seq., and its 
implementing regulations.

Subpart P--Public Safety


Sec. 935.160  Emergency requirements and restrictions.

    In the event of any fire, crash, search and rescue, natural 
disaster, national peril, radiological hazard, or other calamitous 
emergency:
    (a) No person may impede or hamper any officer or employee of the 
United States or any other person who has emergency authority;
    (b) No unauthorized persons may congregate at the scene of the 
emergency; and,
    (c) Each person present shall promptly obey the instructions, 
signals, or alarms of any peace officer, fire or crash crew, or other 
authorized person, and any orders of the Commander.


Sec. 935.161  Fire hazards.

    (a) Each person engaged in a business or other activity on Wake 
Island shall, at his expense, provide and maintain (in an accessible 
location) fire extinguishers of the type, capacity, and quantity 
satisfactory for protecting life and property in the areas under that 
person's control.
    (b) To minimize fire hazards, no person may store any waste or 
flammable fluids or materials except in a manner and at a place 
prescribed by the Commander.


Sec. 935.162  Use of special areas.

    The Commander may regulate the use of designated or posted areas on 
Wake Island, as follows:
    (a) Restricted areas--which no person may enter without permission.
    (b) Prohibited activities areas--in which no person may engage in 
any activity that is specifically prohibited.
    (c) Special purpose areas--in which no person may engage in any 
activity other than that for which the area is reserved.


Sec. 935.163  Unexploded ordnance material.

    Any person who discovers any unexploded ordnance material on Wake 
Island shall refrain from tampering with it and shall immediately 
report its site to the Commander.


Sec. 935.164  Boat operations.

    The operator of each boat used at Wake Island shall conform to the 
limitations on its operations as the Commander may prescribe in the 
public interest.


Sec. 935.165  Floating objects.

    No person may anchor, moor, or beach any boat, barge, or other 
floating object on Wake Island in any location or

[[Page 63836]]

manner other than as prescribed by the Commander.

Janet A. Long,
Air Force Federal Register Liaison Officer.
[FR Doc. 00-27325 Filed 10-24-00; 8:45 am]
BILLING CODE 5001-05-P