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ER 1145-2-301 
1 July 68 
d. If the use of water areas is desired only for such 
temporary, occasional, or intermittent periods that operations can be 
conducted safely without imposing restrictions on navigation, applicants 
may be informed that formal regulations by the Secretary of the Army are 
not required. However, proper notices for mariners requesting that 
vessels avoid the areas will be issued by the District Engineer to all _ 
interested persons. Copies will be sent to the Commandant, U. S. Coast 
Guard, Washington, D. C. 20226 and the Commander, U. S. Naval Oceanographic 
Office, Washington, D. C. 20390. 
4. Seaplane Restricted Areas. 
a. Under section 7 of the River and Harbor Act of 8 August 
1917 (40 Stat. 266; 33 U.S.C. 1), when required for the protection of 
life and property, certain areas may be set aside and reserved for the 
use of seaplanes and attendant craft. Reasonable regulations may be 
prescribed restricting or prohibiting the use of such areas by other 
craft. 
b. Section 7 (a) of the Air Commerce Act of 1926, as amended, 
(44 Stat. 572; 49 U.S.C. 177 (a)) provides, with some exceptions, that 
the navigation laws of the United States shall not be construed to apply 
to seaplanes or other aircraft or to the navigation of vessels in rela- 
tion thereto. The Civil Aeronautics Act of 1938 confers broad powers 
upon the Commerce Department (Civil Aeronautics Administration), now the 
Federal Aviation Agency, and the Civil Aeronautics Board in connection 
with the establishment of landing areas on land or water and other air 
navigation facilities and the prescribing of rules and regulations to 
govern the use thereof. Section 601(a)(7) of the Act (52 Stat. 1007; 
49 U.S.C. 551 (a)(7)) directs the board to prescribe air traffic rules, 
including rules for the prevention of collisions between aircraft and 
land or water vehicles. In view of these acts, the Department of the 
Army does not attempt to regulate the movements of seaplanes and attendant 
craft within seaplane restricted areas. 
e. In connection with any application or question relating to 
navigation regulations for the usual forms of water navigation, Division 
and District Engineers will consider fully the possibility of conflict 
with the use of the waters by seaplanes. Applicants for permission 
to utilize navigable waters for seaplane operations not involving action 
by the Department of the Army under section 7 of the River and Harbor 
Act of 8 August 1917 (40 Stat. 266; 33 U.S.C. 1) will be informed to 
communicate with the appropriate Regional Director of the Federal 
Aviation Agency. 
