Danger Zones and Restricted Areas

DEPARTMENT OF DEFENSE

Department of the Army

Corps of Engineers

33 CFR Part 334

Danger Zones and Restricted Areas

AGENCY: Army Corps of Engineers, DoD.

ACTION: Final rule.

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SUMMARY: The Corps is amending many of the danger zone and restricted

area regulations to clarify that persons, as well as vessels or other

listed watercraft, are subject to the restrictions placed on the use of

and entry into the areas established by the danger zone and restricted

area regulations. This clarification does not affect the size, location

or further restrict the public's use of the areas. The danger zones and

restricted areas continue to be essential to the safety and security of

Government facilities, vessels and personnel and protect the public

from the hazards associated with the operations at the Government

facilities. We are also making several minor editorial changes to

remove obsolete materials and reflect a change in the name of a Naval

Command referenced in a restricted area regulation.

EFFECTIVE DATE: May 12, 1997.

FOR FURTHER INFORMATION CONTACT:

Mr. Ralph Eppard, Regulatory Branch, CECW-OR at (202) 761-1783.

SUPPLEMENTARY INFORMATION: Pursuant to its authorities in Section 7 of

the Rivers and Harbors Act of 1917 (40 Stat. 266; 33 U.S.C. 1) and

Chapter XIX of the Army Appropriations Act of 1919 (40 Stat. 892; 33

U.S.C. 3), the Corps is amending danger zone and restricted area

regulations in 33 CFR part 334, by inserting the word ``person'', or

similar

[[Page 17551]]

verbiage that clarifies, as appropriate, that the regulations affect

persons in a vessel, as well as persons outside of vessels in the

water, engaged in activities such as, swimming, diving, floating,

waterskiing, and snorkeling. On December 20, 1996, we published these

changes in the Notice of Proposed Rulemaking section of the Federal

Register (61 FR 67265-67273), with the comment period ending on

February 18, 1997. We did not receive any objections to the proposed

amendments. We did however, receive a request from the Navy that we

make several additional editorial amendments to the danger zone and

restricted area regulations. We agree with the Navy on the need for

these additional changes and we are amending Secs. 334.10 and 334.30 to

show that patrol vessels in addition to aircraft will be patrolling the

areas; the restricted area in Sec. 334.80 is amended by adding

``person'' as we had proposed for other areas and in Sec. 334.240 to

reflect a change in the identity of the Naval Command at the Potomac

River, Mattawoman Creek and Chicamuxen Creek, Maryland naval facility.

During our review, we found that the regulations in Sec. 334.1110 which

establish a restricted area in Suisun Bay at the Naval Weapons Station,

Concord, California, should have been amended and we have added the

word ``person'' to those regulations. In addition, during the comment

period we revoked the regulations in Sec. 334.90, which established a

danger zone in the waters offshore of Sea Girt, New Jersey and

accordingly, the revisions as proposed are no longer necessary at this

site. All other regulations are amended as proposed and the additional

editorial amendments are made without further notice since these are

minor editorial amendments having no actual effect on the restrictions

placed on the public's use of the restricted areas.

Procedural Requirements

a. Review Under Executive Order 12866

This rule is issued with respect to a military function of the

Defense Department and the provisions of Executive Order 12866 do not

apply.

b. Review Under the Regulatory Flexibility Act

These rules have been reviewed under the Regulatory Flexibility Act

(Pub. L. 96-354), which requires the preparation of a regulatory

flexibility analysis for any regulation that will have a significant

economic impact on a substantial number of small entities (i.e., small

businesses and small Governments). The Corps expects that the economic

impact of the changes to the danger zones would have practically no

impact on the public, no anticipated navigational hazard or

interference with existing waterway traffic and accordingly, certifies

that this final rule will have no significant economic impact on small

entities.

c. Review Under the National Environmental Policy Act

We have concluded, based on the minor nature of the editorial

changes that these amendments to danger zones and restricted areas will

not have a significant impact to the human environment, and preparation

of an environmental impact statement is not required.

d. Unfunded Mandates Act

This rule does not impose an enforceable duty among the private

sector and therefore, is not a Federal private sector mandate and is

not subject to the requirements of section 202 or 205 of the Unfunded

Mandates Act. We have also found under section 203 of the Act, that

small Governments will not be significantly and uniquely affected by

this rulemaking.

e. Submission to Congress and the GAO

Pursuant to section 801(a)(1)(A) of the Administrative Procedure

Act as amended by the Small Business Regulatory Enforcement Fairness

Act of 1996, the Army has submitted a report containing this rule to

the U.S. Senate, House of Representatives, and the Comptroller General

of the General Accounting Office. This rule is not a major rule within

the meaning of section 804(2) of the Administrative Procedure Act, as

amended.

List of Subjects in 33 CFR Part 334

Danger zones, Navigation (water), Transportation.

For the reasons set out in the preamble, the Army Corps of

Engineers amends 33 CFR part 334, as follows:

PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS

1. The authority citation for Part 334 continues to read as

follows:

Authority: 40 Stat. 266 (33 U.S.C. 1); and 40 Stat. 892 (33

U.S.C. 3)

2. Section 334.10 is amended by revising the first sentence of

paragraph (b)(5), to read as follows:

Sec. 334.10 Gulf of Maine off Seals Island, Maine; naval aircraft

bombing target area.

* * * * *

(b) * * *

(5) Prior to the conducting of each bombing practice, the area will

be patrolled by a naval aircraft or surface vessel to ensure that no

persons or watercraft are within the danger zone.

Vessels may be requested to veer off when drops are to be made,

however, drops will be made only when the area is clear. * * *

* * * * *

3. Section 334.30 is amended by revising paragraph (b)(3), to read

as follows:

Sec. 334.30 Gulf of Maine off Pemaquid Point, Maine; Naval sonobuoy

test area.

* * * * *

(b) * * *

(3) Prior to and during the period when sonobuoys are being

dropped, an escort vessel or naval aircraft will be in the vicinity to

ensure that no persons or vessels are in the testing area. Vessels may

be requested to veer off when sonobuoys are about to be dropped,

however, drops will be made only when the area is clear.

* * * * *

4. Section 334.40 is amended by revising paragraph (b)(1), to read

as follows:

Sec. 334.40 Atlantic Ocean in vicinity of Duck Island, Maine, Isles of

Shoals; naval aircraft bombing target area.

* * * * *

(b) * * * (1) No person or vessel shall enter or remain in the

danger zone from 8:00 a.m. to 5:00 p.m. (local time) daily, except as

authorized by the enforcing agency.

* * * * *

5. Section 334.50 is amended by revising paragraph (b), to read as

follows:

Sec. 334.50 Piscataqua River at Portsmouth Naval Shipyard, Kittery,

Maine; restricted areas.

* * * * *

(b) The regulations. All persons, vessels and other craft, except

those vessels under the supervision of or contract to local military or

naval authority, are prohibited from entering the restricted areas

without permission from the Commander, Portsmouth Naval Shipyard or

his/her authorized representative.

6. Section 334.60 is amended by revising paragraph (b)(1), to read

as follows:

Sec. 334.60 Cape Cod Bay south of Wellfleet Harbor, Mass.; naval

aircraft bombing target area.

* * * * *

(b) * * * (1) No person or vessel shall enter or remain in the

danger zone at any time, except as authorized by the enforcing agency.

* * * * *

[[Page 17552]]

7. Section 334.70 is amended by revising paragraph (a)(2), to read

as follows:

Sec. 334.70 Buzzards Bay, and adjacent waters, Mass.; danger zones for

naval operations.

(a) * * *

(2) The regulations. The vessel or person shall at any time enter

or remain within a rectangular portion of the area bounded on the north

by latitude 41 deg.16'00'', on the east by longitude 70 deg.47'30'', on

the south by latitude 41 deg.12'30'', and on the west by longitude

70 deg.50'30'', or within the remainder of the area between November 1,

and April 30, inclusive, except by permission of the enforcing agency.

* * * * *

8. Section 334.75 is amended by revising the third sentence in

paragraph (b)(1), to read as follows:

Sec. 334.75 Thames River, Naval Submarine Base New London, restricted

area.

* * * * *

(b) * * * (1) * * * However, all persons, vessels and watercraft,

except U.S. military personnel and vessels must leave the restricted

area when notified by personnel of the New London Submarine Base that

such use will interfere with submarine maneuvering, operations or

security.

* * * * *

9. Section 334.78 is amended by revising paragraph (b)(1), to read

as follows:

Sec. 334.78 Rhode Island Sound, Atlantic Ocean, approximately 4.0

nautical miles due south of Lands End in Newport, R.I.; restricted area

for naval practice minefield.

* * * * *

(b) * * * (1) No persons, vessels or other watercraft will be

allowed to enter the designated area during minefield training.

* * * * *

10. Section 334.80 is amended by revising paragraphs (b)(1) and

(b)(2), to read as follows:

Sec. 334.80 Narragansett Bay, RI; restricted area.

* * * * *

(b) * * * (1) No person or vessel shall at any time, under any

circumstances, anchor or fish or tow a drag of any kind in the

prohibited area because of the extensive cable system located therein.

(2) Orders and instructions issued by patrol craft or other

authorized representatives of the enforcing agency shall be carried out

promptly by persons or vessels in or in the vicinity of the prohibited

area.

* * * * *

11. Section 334.100 is amended by revising paragraph (b)(1), to

read as follows:

Sec. 334.100 Atlantic Ocean off Cape May, N.J.; Coast Guard Rifle

Range.

* * * * *

(b) * * * (1) No person or vessel shall enter or remain in the

danger area between sunrise and sunset daily, except as authorized by

the enforcing agency.

* * * * *

12. Section 334.130 is amended by revising paragraphs (b)(1) and

the first sentence of paragraph (b)(2), to read as follows:

Sec. 334.130 Atlantic Ocean off Wallops Island and Chincoteague Inlet,

Va; danger zone.

* * * * *

(b) * * * (1) Persons and vessels may enter and operate in the

danger zone at all times when warning signals are not displayed.

(2) When warning signals are displayed, all persons and vessels in

the danger zone, except vessels entering or departing Chincoteague

Inlet, shall leave the zone promptly by the shortest possible route and

shall remain outside the zone until allowed by a patrol boat to enter

or the dangers signal has been discontinued. * * *

* * * * *

13. Section 334.170 is amended by revising paragraphs (b)(1) and

(b)(2), to read as follows:

Sec. 334.170 Chesapeake Bay, in the vicinity of Chesapeake Beach, Md;

firing range, Naval Research Laboratory.

* * * * *

(b) * * * (1) No person or vessel shall enter or remain in Area A

at any time.

(2) No person or vessel shall enter or remain in Area B or Area C

between the hours of 1:00 p.m. and 5:00 p.m. daily except Sundays,

except that through navigation of commercial craft will be permitted in

Area C at all times, but such vessels shall proceed on their normal

course and shall not delay their progress.

* * * * *

14. Section 334.190 is amended by revising paragraphs (b)(1) and

(b)(2), to read as follows:

Sec. 334.190 Chesapeake Bay, in vicinity of Bloodsworth Island, Md;

shore bombardment, air bombing, air strafing, and rocket firing area,

U.S. Navy.

* * * * *

(b) * * * (1) Persons, vessels or other craft shall not enter or

remain in the prohibited area at any time unless authorized to do so by

the enforcing agency.

(2) No person, vessel or other craft shall enter or remain in the

danger zone when notified by the enforcing authority to keep clear or

when firing is or will soon be in progress, except as provided in

paragraph (b)(5) of this section.

* * * * *

15. Section 334.210 is amended by revising paragraphs (b)(1),

(b)(2) and (b)(5), to read as follows:

Sec. 334.210 Chesapeake Bay, in vicinity of Tangier Island; naval

guided missiles test operations area.

* * * * *

(b) * * * (1) Persons, vessels or other craft shall not enter or

remain in the prohibited area at any time unless authorized to do so by

the enforcing agency.

(2) Except as otherwise provided in paragraph (b)(6) of this

section, persons, vessels or other craft shall not enter or remain in

the restricted area when firing is or will soon be in progress unless

authorized to do so by the enforcing agency.

* * * * *

(5) Upon observing the warning flag or upon receiving a warning by

any of the patrol vessels or aircraft, persons, vessels or other craft

shall immediately vacate the restricted area and remain outside the

area until the conclusion of firing for the day.

* * * * *

16. Section 334.230 is amended by revising the first sentence of

paragraph (a)(2)(ii), and paragraph (b)(2)(iii), to read as follows:

Sec. 334.230 Potomac River

(a) Naval Surface Weapons Center, Dahlgren, Va. * * *

(2) * * *

(ii) When firing is in progress, no person, or fishing or oystering

vessels shall operate within the danger zone affected unless so

authorized by the Naval Surface Weapons Center's patrol boats. * * *

* * * * *

(b) Accotink Bay, Accotink Creek, and Pohick Bay; U.S. Military

Reservation, Fort Belvoir, Va. * * *

(2) * * *

(iii) The Post Commander is hereby authorized by using such

agencies and equipment necessary to stop all persons and boats at the

boundary of the danger zone and prohibit their crossing the area until

convenient to the firing schedule to do so.

17. Section 334.240 is amended by revising the section heading, in

paragraph (a) and (b)(7) by removing ``Naval Ordinance Station'' and

replacing it with ``Naval Surface

[[Page 17553]]

Warfare Center, Indian Head Division,'' and by revising paragraphs

(b)(3), and (b)(5), to read as follows:

Sec. 334.240 Potomac River, Mattawoman Creek and Chicamuxen Creek;

Naval Surface Weapons Center, Indian Head Division, Indian Head, Md.

* * * * *

(b) * * *

(3) No persons or vessels except vessels of the United States or

vessels authorized by the enforcing agency shall enter or remain in the

danger zone while lights are flashing, when warning horns are in

operation, or when warned or directed by a patrol vessel. * * *

(5) Except as prescribed in paragraph (b)(3) of this section,

persons and vessels may enter and proceed through the danger zone

without restriction. However, accidental explosions may occur at any

time and persons and vessels entering the area do so at their own risk.

* * * * *

18. Section 334.310 is amended by revising paragraph (b)(2), to

read as follows:

Sec. 334.310 Chesapeake Bay, Lynnhaven Roads; navy amphibious training

area.

* * * * *

(b) * * *

(2) No person or vessel shall approach within 300 years of any

naval vessel or within 600 yards of any vessel displaying the red

``baker'' burgee.

* * * * *

19. Section 334.330 is amended by revising paragraph (b)(1), to

read as follows:

Sec. 334.330 Atlantic Ocean and connecting waters in vicinity of

Myrtle Island, Va.; Air Force practice bombing, rocket firing, and

gunnery range.

* * * * *

(b) * * * (1) No person or vessel shall enter or remain in the

danger zone except during intervals specified and publicized from time

to time in local newspapers or by radio announcement.

* * * * *

20. Section 334.340 is amended by revising paragraph (b)(2), to

read as follows:

Sec. 334.340 Chesapeake Bay off Plumtree Island, Hampton, VA.; Air

Force precision test area.

* * * * *

(b) * * *

(2) No person or vessel shall enter or remain in the danger zone

during periods of firing or bombing or when the zone is otherwise in

use.

* * * * *

21. Section 334.370 is amended by revising paragraph (a)(2), to

read as follows:

Sec. 334.370 Chesapeake Bay, Lynnhaven Roads; danger zones, U.S. Naval

Amphibious Base.

(a) * * *

(2) The regulations. Persons or vessels, other than those vessels

owned and operated by the United States, shall not enter the prohibited

area at any time unless authorized to do so by the enforcing agency.

* * * * *

22. Section 334.400 is amended by revising paragraph (b)(1), to

read as follows:

Sec. 334.400 Atlantic Ocean south of entrance to Chesapeake Bay off

Camp Pendleton, Virginia; naval restricted area.

* * * * *

(b) * * * (1) Persons or vessels, other than those vessels owned

and operated by the United States shall not enter the area except by

permission of the Commanding Officer, U.S. Naval Amphibious Base,

Little Creek, Norfolk, Virginia.

* * * * *

23. Section 334.410 is amended by revising the fourth sentence in

paragraph (d)(1), the fifth sentence in paragraph (d)(2) and paragraph

(d)(3), to read as follows:

Sec. 334.410 Albemarle Sound, Pamlico Sound, and adjacent waters, NC;

danger zones for naval aircraft operations.

* * * * *

(d) * * * (1) * * * No persons or vessels shall enter this area

during the hours of daylight without special permission from the

enforcing agency. * * *

(2) * * * The area will be patrolled and persons and vessels shall

clear the area under patrol upon being warned by the surface patrol

craft or when ``buzzed'' by patrolling aircraft. * * *

(3) Naval Aviation Ordnance test area. The area described in

paragraph (c) of this section shall be closed to persons and navigation

except for such military personnel and vessels as may be directed by

the enforcing agency to enter on assigned duties.

* * * * *

24. Section 334.430 is amended by revising paragraph (b)(1), to

read as follows:

Sec. 334.430 Neuse River and tributaries at Marine Corps Air Station,

Cherry Point, N.C.; restricted area.

* * * * *

(b) * * * (1) Except in cases of extreme emergency, all persons or

vessels, other than those vessels operated by the U.S. Navy or Coast

Guard are prohibited from entering this area without prior permission

of the enforcing agency.

* * * * *

25. Section 334.440 is amended by adding a new sentence at the

beginning of paragraph (c)(1), revising the last sentence in paragraph

(d)(2), redesignating paragraphs (e)(2)(i) through (e)(2)(vi) as

(e)(2)(ii) through (e)(2)(vii) respectively, and adding a new paragraph

(e)(2)(i), to read as follows:

Sec. 334.440 New River, N.C., and vicinity; Marine Corps firing

ranges.

* * * * *

(c) * * * (1) No person shall enter or remain in the water in any

closed section after notice of firing therein has been given. * * *

* * * * *

(d) * * *

(2) * * * Upon being so warned, all persons and vessels shall leave

the area as quickly as possible by the most direct route.

(e) * * *

(2) * * *

(i) No person shall enter or remain in the waters of this area due

the possibility of unexploded projectiles.

* * * * *

26. Section 334.450 is amended by revising paragraph (b), to read

as follows:

Sec. 334.450 Cape Fear River and tributaries at Sunny Point Army

Terminal, Brunswick County, N.C.; restricted area.

* * * * *

(b) Except in cases of extreme emergency, all persons or vessels of

any size or rafts other than those authorized by the Commander, Sunny

Point Army Terminal, are prohibited from entering this area without

prior permission of the enforcing agency.

* * * * *

27. Section 334.470 is amended by adding a new sentence at the

beginning of paragraph (b)(2), to read as follows:

Sec. 334.470 Cooper River and Charleston Harbor, S.C.; restricted

areas.

* * * * *

(b) * * *

(2) No person shall enter or remain in the water within the

restricted areas. * * *

* * * * *

28. Section 334.480 is amended by revising the first sentence in

paragraph (c), to read as follows:

[[Page 17554]]

Sec. 334.480 Archers Creek, Ribbon Creek and Broad River, S.C.; U.S.

Marine Corps Recruit Depot rifle and pistol ranges, Parris Island.

* * * * *

(c) No person, vessel and other watercraft shall enter the

restricted waters when firing is in progress. * * *

* * * * *

29. Section 334.490 is amended by revising paragraph (b)(2), to

read as follows:

Sec. 334.490 Atlantic Ocean off Georgia Coast; air-to-air and air-to-

water gunnery and bombing ranges for fighter and bombardment aircraft,

U.S. Air Force.

* * * * *

(b) * * *

(2) Prior to conducting each practice, the entire area will be

patrolled by aircraft to warn any persons and watercraft found in the

vicinity that such practice is about to take place. The warning will be

by ``buzzing,'' (i.e., by flying low over the person or watercraft.)

Any person or watercraft shall, upon being so warned, immediately leave

the area designated and shall remain outside the area until practice

has ceased.

* * * * *

30. Section 334.500 is amended by revising paragraph (b)(1), to

read as follows:

Sec. 334.500 St. Johns River, Fla., Ribault Bay; restricted area.

* * * * *

(b) * * * (1) All persons, vessels and craft, except those vessels

operated by the U.S. Navy or Coast Guard are prohibited from entering

this area except in cases of extreme emergency.

* * * * *

31. Section 334.510 is amended by revising paragraph (b)(1), to

read as follows:

Sec. 334.510 U.S. Navy Fuel Depot Pier, St. Johns River, Jacksonville,

Fla., restricted area.

* * * * *

(b) * * * (1) The use of waters as previously described by private

and/or commercial floating craft or persons is prohibited with the

exception of vessels or persons that have been specifically authorized

to do so by the Officer in Charge of the Navy Fuel Depot.

* * * * *

32. Section 334.520 is amended by revising paragraph (b)(2), to

read as follows:

Sec. 334.520 Lake George, Fla.; naval bombing area.

* * * * *

(b) * * *

(2) Prior to each bombing operation the danger zone will be

patrolled by naval aircraft which will warn all persons and vessels to

leave the area by ``zooming'' a safe distance to the side and at least

500 feet above the surface. Upon being so warned, such persons and

vessels shall leave the danger zone immediately and shall not re-enter

the danger zone until bombing operations have ceased.

* * * * *

33. Section 334.540 is amended by revising paragraph (b)(1), to

read as follows:

Sec. 334.540 Banana River at Cape Canaveral Missile Test Annex, Fla.,

restricted area.

* * * * *

(b) * * * (1) All unauthorized persons and craft shall stay clear

of the area at all times.

* * * * *

34. Section 334.550 is amended by revising paragraph (b)(1), to

read as follows:

Sec. 334.550 Banana River at Cape Canaveral Air Force Station, Fla.;

restricted area.

* * * * *

(b) * * * (1) All unauthorized persons and craft shall stay clear

of this area at all times.

* * * * *

35. Section 334.560 is amended by revising paragraph (b)(1), to

read as follows:

Sec. 334.560 Banana River at Patrick Air Force Base, Fla.; restricted

area.

* * * * *

(b) * * * (1) All unauthorized persons and watercraft shall stay

clear of the area at all times.

* * * * *

36. Section 334.590 is amended by revising paragraph (b)(1),

(b)(3), and the first sentence in paragraph (b)(2), to read as follows:

Sec. 334.590 Atlantic Ocean off Cape Canaveral, Fla.; Air Force

missile testing area, Patrick Air Force Base, Fla.

* * * * *

(b) * * *

(1) All unauthorized persons and vessels are prohibited from

operating within the danger zone during firing periods to be specified

by the Commander, Air Force Missile Test Center, Patrick Air Force

Base.

(2) Warning signals will be used to warn persons and vessels that

the danger zone is active. * * *

(3) When the signals in paragraph (b)(2) of this section are

displayed, all persons and vessels, except those authorized personnel

and patrol vessels, will immediately leave the danger zone by the most

direct route and stay out until the signals are discontinued.

* * * * *

37. Section 334.600 is amended by revising the first sentence in

paragraph (b)(1), to read as follows:

Sec. 334.600 TRIDENT Basin adjacent to Canaveral Harbor at Cape

Canaveral Air Force Station, Brevard County, Fla.; danger zone.

* * * * *

(b) * * * (1) No unauthorized person or vessel shall enter the

area. * * *

* * * * *

38. Section 334.610 is amended by revising paragraphs (b)(1) and

(b)(3), to read as follows:

Sec. 334.610 Key West Harbor, at U.S. Naval Base, Key West, Fla.;

naval restricted areas and danger zone.

* * * * *

(b) * * *

(1) Entering or crossing Restricted Areas #1 and #4 and the Danger

Zone (Area #6) described in paragraph (a) of this section, by any

person or vessel, is prohibited.

* * * * *

(3) Stopping or landing by any person and/or any vessel, other than

Government-owned vessels and specifically authorized private craft in

any of the restricted areas or danger zone described in paragraph (a)

of this section is prohibited.

* * * * *

39. Section 334.630 is amended by revising paragraph (b)(1), to

read as follows:

Sec. 334.630 Tampa Bay south of MacDill Air Force Base, Fla.; small

arms firing range and aircraft jettison, U.S. Air Force, MacDill Air

Force Base.

* * * * *

(b) * * * (1) All persons, vessels and other watercraft are

prohibited from entering the danger zone at all times.

* * * * *

40. Section 334.640 is amended by revising the first sentence in

paragraph (b)(2) and paragraph (b)(3), to read as follows:

Sec. 334.640 Gulf of Mexico south of Apalachee Bay, Fla.; Air Force

rocket firing range.

* * * * *

(b) * * *

(2) Prior to the conduct of rocket firing, the area will be

patrolled by surface patrol boat and/or patrol aircraft to insure that

no persons or watercraft are within the danger zone and to warn any

such persons or watercraft seen in the vicinity that rocket firing is

about to take place in the area. * * *

[[Page 17555]]

(3) Any such person or watercraft shall, upon being so warned,

immediately leave the area, and until the conclusion of the firing

shall remain at such a distance that they will be safe from the fallout

resulting from such rocket firing.

* * * * *

41. Section 334.660 is amended by revising paragraph (b)(2), to

read as follows:

Sec. 334.660 Gulf of Mexico and Apalachicola Bay, south of

Apalachicola, Fla.; Drone Recovery Area, Tyndall Air Force Base, Fla.

* * * * *

(b) * * *

(2) Patrol boats and aircraft will warn all persons and navigation

out of the area before each testing period.

* * * * *

42. Section 334.670 is amended by revising paragraph (b)(2), to

read as follows:

Sec. 334.670 Gulf of Mexico and Apalachicola Bay, south and west of

Apalachicola, San Blas, and St. Joseph bays; air-to-air firing practice

range, Tyndall Air Force Base, Fla.

* * * * *

(b) * * *

(2) All persons and vessels will be warned to leave the danger area

during firing practice by surface patrol boat and/or patrol aircraft.

When aircraft is used to patrol the area, low flight of the aircraft

overhead and/or across the bow will be used as a signal or warming.

Upon being so warned all persons and vessels shall clear the area

immediately.

* * * * *

43. Section 334.680 is amended by revising the first sentence in

paragraph (b)(1), to read as follows:

Sec. 334.680 Gulf of Mexico southeast of St. Andrew Bay East Entrance,

small-arms firing range, Tyndall Air Force Base, Fla.

* * * * *

(b) * * *

(1) No person, vessel or other watercraft shall enter or remain in

the areas during periods of firing. * * *

* * * * *

44. Section 334.700 is amended by revising the first and second

sentences in paragraph (b)(1)(i) and paragraph (b)(1)(ii), to read as

follows:

Sec. 334.700 Choctawhatchee Bay, aerial gunnery ranges, Air Proving

Ground Center, Air Research and Development Command, Eglin Air Force

Base, Fla.

* * * * *

(b) * * *

(1) * * *

(i) The aerial gunnery range in the west part of Choctawhatchee Bay

(described in paragraph (a)(1) of this section), may be used by persons

and watercraft except during periods when firing is conducted. During

these periods firing will be controlled by observation posts, and

persons and watercraft will be warned by patrol boats. * * *

(ii) No person, vessel or other craft shall enter or remain within

the aerial gunnery range along the north shore of Choctawhatchee Bay

(described in paragraph (a)(2) of this section) at any time.

* * * * *

45. Section 334.710 is amended by revising the second sentence in

paragraph (b)(1), to read as follows:

Sec. 334.710 The Narrows and Gulf of Mexico adjacent to Santa Rosa

Island, Air Proving Ground Command, Eglin Air Force Base, Fla.

* * * * *

(b) * * *

(1) * * * During periods of use entry into the area will be

prohibited to all persons and navigation.

* * * * *

46. Section 334.720 is amended by revising paragraph (b)(3), to

read as follows:

Sec. 334.720 Gulf of Mexico, south from Choctawhatchee Bay; guided

missiles test operations area, Headquarters Air Proving Ground Command,

U.S. Air Force, Eglin Air Force Base, Fla.

* * * * *

(b) * * *

(3) All person and vessels exclusive of those identified in

paragraph (b)(2) of this section will warned to leave the immediate

danger area during firing periods by surface patrol craft. Upon being

so warned, such persons and vessels shall clear the area immediately.

Such periods normally will not exceed two hours.

* * * * *

47. Section 334.730 is amended by revising the first sentence in

paragraph (b)(2) and paragraph (b)(3), to read as follows:

Sec. 334.730 Waters of Santa Rosa Sound and Gulf of Mexico adjacent to

Santa Rosa Island, Air Force Proving Ground Command, Eglin Air Force

Base, Fla.

* * * * *

(b) * * *

(2) No person, vessel or other watercraft shall enter the

prohibited area, except to navigate the Gulf Intracostal Waterway. * *

*

(3) During periods when experimental test operations are underway

no person, vessel or other watercraft shall enter or navigate the

waters of the restricted area.

* * * * *

48. Section 334.740 is amended by revising paragraph (b)(1) to read

as follows:

Sec. 334.740 Weekley Bayou, an arm of Boggy Bayou, Fla., Eglin Air

Force Base; restricted area.

* * * * *

(b) * * * (1) No person or vessel shall enter the area without the

permission of the Commander, Eglin Air Force Base, Florida, or his

authorized representative.

* * * * *

49. Section 334.750 is amended by revising paragraph (b)(1), to

read as follows:

Sec. 334.750 Ben's Lake, a tributary of Choctawhatchee Bay, Fla., at

Eglin Air Force Base; restricted area.

* * * * *

(b) * * * (1) no person or vessel shall enter the area or navigate

therein, without the permission of the Commander, Eglin Air Force Base,

Florida, or his authorized representative. * * *

50. Section 334.778 is amended by revising paragraph (b)(1) and

adding a sentence at the beginning of paragraph (b)(2), to read as

follows:

Sec. 334.778 Pensacola Bay and waters contiguous to the Naval Air

Station, Pensacola, FL; restricted area.

* * * * *

(b) * * * (1) All persons are prohibited from entering the waters

for any reason and all vessels including pleasure (sailing, motorized,

and or rowed), private and commercial fishing vessels, barges, and all

other craft except United States military vessels are restricted from

transiting, anchoring, or drifting within the above-described area when

required by the Commanding Officer of the Naval Air Station Pensacola

(N.A.S.), to safeguard the installation, its personnel and property in

times of an imminent security threat, as required by a national

emergency situation, natural disaster, or as directed by higher

authority.

(2) All persons are prohibited from entering the water described in

this section. * * *

* * * * *

51. Section 334.780 is amended by revising paragraph (b)(2) to read

as follows:

Sec. 334.780 Pensacola Bay, Fla.; seaplane restricted area.

* * * * *

(b) * * *

(2) All persons, vessels and small craft, except crash boats, plane

rearming boats, and similar craft ordered into the area on specific

missions in connection

[[Page 17556]]

with the servicing of planes or patrol of the area, are prohibited from

entering or being in the area at any time.

* * * * *

52. Section 334.786 is amended by adding a new sentence at the

beginning of paragraph (b)(1), and revising paragraph (b)(2), to read

as follows:

Sec. 334.786 Pascagoula Naval Station, Pascagoula, Mississippi;

restricted area.

* * * * *

(b) * * * (1) All persons are prohibited from entering the waters

within the restricted area for any reason. * * *

(2) Mooring, anchoring, fishing, recreational boating or any

activity involving persons in the water shall not be allowed at any

time within 500 feet of any quay, pier, wharf, or levee along the Naval

Station northern shoreline.

* * * * *

53. Section 334.790 is amended by revising paragraph (b)(1), to

read as follows:

Sec. 334.790 Sabine River at Orange, Tex.; restricted area in vicinity

of the Naval and Marine Corps Reserve Center.

* * * * *

(b) * * * (1) No person, vessel or other craft, except personnel

and vessels of the U.S. Government or those duly authorized by the

Commanding Officer, Naval and Marine Corps Reserve Center, Orange,

Texas, shall enter, navigate, anchor or moor in the restricted area.

54. Section 334.800 is amended by revising paragraph (b)(1), to

read as follows:

Sec. 334.800 Corpus Christi Bay, Tex.; seaplane restricted area, U.S.

Naval Air Station, Corpus Christi.

* * * * *

(b) * * * (1) No person, vessel or watercraft shall enter or remain

in the area at any time, day or night, except with express written

approval of the enforcing agency or as a result of force majeure.

* * * * *

55. Section 334.802 is amended by revising the first sentence in

paragraph (b), to read as follows:

Sec. 334.802 Ingleside Naval Station, Ingleside, Texas; restricted

area.

* * * * *

(b) * * *

Mooring, anchoring, fishing, recreational boating or any activity

involving persons in the water shall not be allowed within the

restricted area. * * *

* * * * *

56. Section 334.810 is amended by revising paragraph (b)(1), to

read as follows:

Sec. 334.810 Holston River at Holston Ordnance Works, Kingsport,

Tenn.; restricted area.

* * * * *

(b) * * * (1) Except in cases of extreme emergency, all vessels

other than those owned or controlled by the U.S. Government and any

activity involving persons in the water, are prohibited from entering

the area without prior permission of the enforcing agency.

* * * * *

57. Section 334.820 is amended by revising paragraph (b), to read

as follows:

Sec. 334.820 Lake Michigan; naval restricted area, U.S. Naval Training

Center, Great Lakes, Ill.

* * * * *

(b) The regulations. No person or vessel of any kind, except those

engaged in naval operations, shall enter, navigate, anchor, or moor in

the restricted area without first obtaining permission to do so from

the Commander, U.S. Naval Training Center, Great Lakes, Illinois, or

his authorized representative.

58. Section 334.830 is amended by revising paragraph (b)(2), to

read as follows:

Sec. 334.830 Lake Michigan; small-arms range adjacent to U.S. Naval

Training Center, Great Lakes, Ill.

* * * * *

(b) * * *

(2) The enforcing agency is hereby authorized to use such agencies

as shall be necessary to prohibit all persons and vessels from entering

the area until such time as shall be convenient.

* * * * *

59. Section 334.850 is amended by revising paragraph (d)(1), to

read as follows:

Sec. 334.850 Lake Erie, west end, north of Erie Ordnance Depot,

Lacarne, Ohio.

* * * * *

(d) * * * (1) No person or vessel shall enter or remain in a danger

zone during a scheduled firing period announced in a special firing

notice unless specific permission is granted in each instance by a

representative of the enforcing officer.

* * * * *

60. Section 334.920 is amended by revising paragraph (b)(1), to

read as follows:

Sec. 334.920 Pacific Ocean off the east coast of San Clemente Island,

Calif.; naval restricted area.

* * * * *

(b) * * * (1) No person or vessels, other than Naval Ordnance Test

Station craft, and those cleared for entry by the Naval Ordnance Test

Station, shall enter the area at any time except in an emergency,

proceeding with extreme caution.

* * * * *

61. Section 334.930 is amended by revising paragraph (b)(3), to

read as follows:

Sec. 334.930 Anaheim Bay Harbor, Calif.; Naval Weapons Station, Seal

Beach.

* * * * *

(b) * * *

(3) Recreational craft, such as water skis, jet skis (personal

water craft), row boats, canoes, kayaks, wind surfers, sail boards,

surf boards, etc., and any activity involving persons in the water, are

specifically prohibited within the restricted area.

* * * * *

62. Section 334.938 is amended by revising the first sentence in

paragraph (b), to read as follows:

Sec. 334.938 Federal Correctional Institution, Terminal Island, San

Pedro Bay, California; restricted area.

* * * * *

(b) The regulations. No person or vessel of any kind shall enter,

navigate, anchor or moor within the restricted area without first

obtaining the permission of the Warden, Federal Correctional

Institution, Terminal Island. * * *

63. Section 334.940 is amended by revising the last sentence in

paragraph (b)(2), to read as follows:

Sec. 334.940 Pacific Ocean in vicinity of San Pedro, Calif.; practice

firing range for U.S. Army Reserve, National Guard, and Coast Guard

Units.

* * * * *

(b) * * *

(2) * * * No person shall enter the water and no vessel, fishing

boat, or recreational craft shall anchor in the danger zone during an

actual firing period.

* * * * *

64. Section 334.950 is amended by revising the first and second

sentences in paragraph (b)(1) and paragraph (b)(2), to read as follows:

Sec. 334.950 Pacific Ocean at San Clemente Island, California; Navy

shore bombardment areas.

* * * * *

(b) * * *

(1) All persons and all vessels shall promptly vacate the areas

when ordered to do so by the Navy or the Coast Guard. Persons and

vessels shall not enter the areas during periods scheduled for firing.

* * *

[[Page 17557]]

(2) All persons in the area are warned that unexploded ordinance

exists within the shore bombardment area on San Clemente Island and in

the surrounding waters. all persons should exercise extreme caution

when operating in the area.

* * * * *

65. Section 334.960 is amended by revising the second sentence in

paragraph (b)(4), to read as follows:

Sec. 334.960 Pacific Ocean, San Clemente Island, Calif.; Naval danger

zone off West Cove.

* * * * *

(b) * * *

(4) * * * When so notified, all persons and vessels shall leave the

immediately by the shortest route. * * *

* * * * *

66. Section 334.961 is amended by adding a new sentence at the

beginning of paragraph (b)(1), to read as follows:

Sec. 334.961 Pacific Ocean, San Clemente Island, California, Naval

danger zone off the northwest shore.

* * * * *

(b) * * * (1) No person shall enter this area during closure

periods unless authorized to do so by the enforcing agency. * * *

* * * * *

67. Section 334.990 is amended by revising paragraph (b)(1), to

read as follows:

Sec. 334.990 Long Beach Harbor, Calif.; naval restricted area.

* * * * *

(b) * * * (1) The area is reserved exclusively for use by naval

vessels. Permission for any person or vessel to enter the area must be

obtained from the enforcing agency.

* * * * *

68. Section 334.1010 is amended by removing the heading ``San

Francisco Bay in vicinity of Hunters Point: naval restricted area-''

from paragraph (a) and revising paragraph (b), to read as follows:

Sec. 334.1010 San Francisco Bay in vicinity of Hunters Point; naval

restricted area.

* * * * *

(b) The regulations. No person may enter the area and no vessel or

other craft, except vessels of the U.S. Government or vessels duly

authorized by the Commander, San Francisco Naval Shipyard, shall

navigate, anchor or moor in this area.

69. Section 334.1020 is amended by revising paragraph (b)(1) and

the first sentence of paragraph (b)(2), to read as follows:

Sec. 334.1020 San Francisco Bay and Oakland Inner Harbor; Restricted

areas in vicinity of Naval Air Station, Alameda.

* * * * *

(b) * * *

(1) No person shall enter this area and no vessel or other craft,

except vessels of the U.S. Government or vessels duly authorized by the

Commanding Officer, U.S. Naval Air Station, Alameda, California, shall

navigate, anchor or moor in the area described in paragraph (a)(1) of

this section.

(2) No person shall enter this area and no vessel without special

authorization of the Commander, Twelfth Coast Guard District, shall

lie, anchor or moor in the area described in paragraph (a)(2) of this

section. * * *

70. Section 334.1030 is amended by removing the heading ``Oakland

Inner Harbor adjacent to Alameda Facility, Naval Supply Center,

Oakland; restricted area--'' from paragraph (a); redesignating

paragraph (a)(1) as (a) and redesignating paragraph (a)(2) as (b), and

revising newly redesignated paragraph (b) to read as follows:

Sec. 334.1030 Oakland Inner Harbor adjacent to Alameda Facility, Naval

Supply Center, Oakland; restricted area.

* * * * *

(b) The regulations. No persons and no vessels or other craft,

except vessels of the United States Government or vessels duly

authorized by the Commanding Officer, Naval Supply Center, Oakland,

shall enter this area.

71. Section 334.1040 is amended by removing the heading ``Oakland

Harbor in vicinity of Naval Supply Center, Oakland; restricted area and

navigation--'' from paragraph (a); redesignating paragraph (a)(1) as

(a); redesignating paragraph (a)(2) (i) and (ii) as (b) (1) and (2) and

revising newly redesignated (b)(1), to read as follows:

Sec. 334.1040 Oakland Harbor in vicinity of Naval Supply Center,

Oakland; restricted area and navigation.

* * * * *

(b) * * * (1) No persons and no vessels or other craft, except

vessels of the U.S. Government or vessels duly authorized by the

Commanding Officer, Naval Supply Center, Oakland, shall enter this

area.

* * * * *

72. Section 334.1050 is amended by removing the heading ``Oakland

Outer Harbor adjacent to the Military Ocean Terminal Bay Area, Pier No.

8 (Port of Oakland Berth No. 10); restricted

area--'' from paragraph (a); redesignating paragraphs (a)(1) and (a)(2)

as paragraphs (a) and (b) respectively, and revising newly redesignated

paragraph (b) to read as follows:

Sec. 334.1050 Oakland Outer Harbor adjacent to the Military Ocean

Terminal, Bay Area, Pier No. 8 (Port of Oakland Berth No. 10);

restricted area.

* * * * *

(b) The regulations. No persons and no vessels or other craft,

except vessels of the U.S. Government or vessels duly authorized by the

Commander, Oakland Army Base, shall enter this area.

73. Section 334.1060 is amended by removing the heading ``Oakland

Outer Base adjacent to the Oakland Army Base; restricted area--'' from

paragraph (a); redesignating paragraphs (a)(1) and (a)(2) as paragraphs

(a) and (b), respectively, and revising newly redesignated paragraph

(b) to read as follows:

Sec. 334.1060 Oakland Outer Harbor adjacent to the Oakland Army Base;

restricted area.

* * * * *

(b) The regulations. No persons and no vessels or other craft,

except vessels of the U.S. Government or vessels duly authorized by the

Commander, Oakland Army Base, shall enter this area.

74. Section 334.1070 is amended by removing the heading ``San

Francisco Bay between Treasure Island and Yerba Buena Island; naval

restricted area--'' from paragraph (a); redesignating paragraphs (a)(1)

and (a)(2) as paragraphs (a) and (b) respectively, and revising newly

redesignated paragraph (b), to read as follows:

Sec. 334.1070 San Francisco Bay between Treasure Island and Yerba

Buena Island; naval restricted area.

* * * * *

(b) The regulations. No person and no vessel or other craft, except

vessels owned and operated by the U.S. Government or vessels duly

authorized by the Commanding Officer, Naval Station, Treasure Island,

shall enter the restricted area.

75. Section 334.1080 is amended by removing the heading ``San

Francisco Bay adjacent to northeast corner of Treasure Island; naval

restricted

area--'' from paragraph (a); redesignating paragraphs (a)(1) and (a)(2)

as paragraphs (a) and (b) respectively, and by adding a new sentence at

the beginning of newly redesignated paragraph (b), to read as follows:

Sec. 334.1080 San Francisco Bay adjacent to northeast corner of

Treasure Island; naval restricted area.

* * * * *

(b) The regulations. No person shall enter the restricted area. * *

*

* * * * *

76. Section 334.1090 is amended by removing the heading ``San

Francisco Bay in vicinity of the NSC Fuel

[[Page 17558]]

Department, Point Molate restricted area--'' from paragraph (a);

redesignating paragraphs (a)(1) and (a)(2) as paragraphs (a) and (b)

respectively, and by revising newly redesignated paragraph (b), to read

as follows:

Sec. 334.1090 San Francisco Bay in the vicinity of the NSC Fuel

Department, Point Molate restricted area.

* * * * *

(b) The regulations. Persons and vessels not operating under

supervision of the local military or naval authority or public vessels

of the United States, shall not enter this area except by specific

permission of the Commanding Officer, Naval Supply Center.

77. Section 334.1100 is amended by removing the heading ``San Pablo

Bay, Carquinez Strait, and Mare Island Strait in vicinity of U.S. Naval

Shipyard, Mare Island; restricted area--'' from paragraph (a);

redesignating paragraphs (a)(1) and (a)(2) as paragraphs (a) and (b)

respectively, and by revising newly redesignated paragraph (b), to read

as follows:

Sec. 334.1100 San Pablo Bay, Carquinez Strait, and Mare Island Strait

in vicinity of U.S. Naval Shipyard, Mare Island; restricted area

* * * * *

(b) The regulations. No persons shall enter this area and no

vessels or other craft, except vessels of the U.S. Government or

vessels duly authorized by the Commander, Mare Island Naval Shipyard,

Vallejo, California, shall navigate, anchor or moor in this area.

78. Section 334.1110 is amended by removing the heading ``Suisun

Bay at Naval Weapons Station. Concord; restricted area--'' from

paragraph (a); redesignating paragraphs (a)(1) and (a)(2) as paragraphs

(a) and (b) respectively, and by revising newly redesignated paragraph

(b), to read as follows:

Sec. 334.1110 Suisun Bay at Naval Weapons Station, Concord; restricted

area.

* * * * *

(b) The regulations. No persons shall enter this area and no

vessels or other craft, except vessels operating under the authority of

the local military or naval authority shall enter, lie to, anchor, or

moor in this area except by specific permission of the Commanding

Officer, Naval Weapons Stations, Concord.

79. Section 334.1120 is amended by revising paragraph (b)(5), to

read as follows:

Sec. 334.1120 Pacific Ocean in the vicinity of Point Mugu, Calif.;

Naval small arms firing range.

* * * * *

(b) * * *

(5) Persons, vessels or other craft shall not enter or remain in

the danger zone when the warning flag is being displayed unless

authorized to do so by the range officer in the control tower.

* * * * *

80. Section 334.1130 is amended by revising paragraphs (b)(2) and

(b)(5), to read as follows:

Sec. 334.1130 Pacific Ocean, Western Space and Missile Center (WSMC),

Vandenberg AFB, Calif.; danger zones.

* * * * *

(b) * * *

(2) The stopping or loitering by any person or vessel is expressly

prohibited within Danger Zone 4, between the mouth of the Santa Ynez

River and Point Arguello, unless prior permission is obtained from the

Commander, Western Space and Missile Center (WSMC) at Vandenberg AFB,

California. * * *

(5) When a scheduled launch operation is about to begin, radio

broadcast notifications will be made periodically, starting at least 24

hours in advance. Additional contact may be made by surface patrol

boats or aircraft equipped with a loudspeaker system. When so notified,

all persons and all vessels shall leave the specified zone or zones

immediately by the shortest route.

* * * * *

81. Section 334.1140 is amended by revising paragraph (c)(2) and

the first sentence in paragraph (c)(6), to read as follows:

Sec. 334.1140 Pacific Ocean at San Miguel Island, Calif.; naval danger

zone.

* * * * *

(c) * * *

(2) The anchoring, stopping or loitering by any person, vessel,

fishing boat or recreational craft within the danger zone during

scheduled firing/drop hours is expressly prohibited. * * *

(6) Landing by any vessel or going ashore by any person on San

Miguel Island is specifically prohibited without prior permission of

the Superintendent, Channel Islands National Park. * * *

* * * * *

82. Section 334.1150 is amended by revising paragraph (a)(2)(i) and

the last sentence in paragraph (b)(2) to read as follows:

Sec. 334.1150 Monterey Bay, Calif.

(a) * * *

(2) * * *

(i) The 5,000 yard short range is prohibited to all persons,

vessels and craft, except those authorized by the enforcing agency,

each week, between dawn and midnight from Monday through Friday and

between dawn and dusk on Saturday and Sunday.

* * * * *

(b) * * *

(2) * * * In each case when moored or bottom obstructions are laid

a notice to mariners will be issued giving notice of their approximate

location within the danger zone and all persons and vessels shall keep

clear.

83. Section 334.1160 is amended by revising the second sentence in

paragraph (b) to read as follows:

Sec. 334.1160 San Pablo Bay, Calif.; target practice area, Mare Island

Naval Shipyard, Vallejo.

* * * * *

(b) * * * At such times all persons and vessels shall stay clear.

84. Section 334.1170 is amended by revising the second sentence in

paragraph (b) to read as follows:

Sec. 334.1170 San Pablo Bay, Calif.; gunnery range, Naval Inshore

Operations Training Center, Mare Island, Vallejo.

* * * * *

(b) * * * No persons or vessels shall enter or remain in the danger

zone during the above stated periods except those persons and vessels

connected with the gunnery practice operations. * * *

* * * * *

85. Section 334.1180 is amended by revising the first sentence in

paragraph (b)(1) and the second sentence in paragraph (b)(2), to read

as follows:

Sec. 334.1180 Strait of Juan de Fuca, Wash.; air-to-surface weapon

range, restricted area.

* * * * *

(b) * * * (1) No person, vessel or other watercraft shall enter or

remain within the designated restricted area between 0700 and 1200

hours daily, local time except as authorized by the enforcing agency

and as follows: The area will be open to commercial gill net fishing

during scheduled fishing periods from June 15 to October 15, annually.

* * *

(2) * * * Those persons and vessels found within the restricted

area will be overflown by the aircraft at an altitude of not less than

300' in the direction in which the unauthorized person and vessel are

to proceed to clear the area. * * *

* * * * *

86. Section 334.1200 is amended by removing the heading ``Strait of

Juan de

[[Page 17559]]

Fuca, eastern end; off the westerly shore of Whidbey Island; naval

restricted areas--'' from paragraph (a); redesignating paragraphs

(a)(1), (a)(2) and (a)(3) as paragraphs (a), (b), and (c) respectively,

and redesignating newly redesignated paragraphs (c) (i), (ii), and

(iii) as (c) (1), (2) and (3) respectively, and revising newly

redesignated paragraphs (c)(1) and (c)(2), to read as follows:

Sec. 334.1200 Strait of Juan de Fuca, eastern end; off the westerly

shore of Whidbey Island; naval restricted areas.

* * * * *

(c) * * *

(1) Persons and vessels shall not enter these areas except at their

own risk.

(2) All persons and vessels entering these areas shall be obliged

to comply with orders received from naval sources pertaining to their

movements while in the areas.

* * * * *

87. Section 334.1270 is amended by removing the heading ``Port

Townsend, Indian Island, Walan Point; naval restricted area--'' from

paragraph (a); redesignating paragraphs (a)(1) and (a)(2) as paragraphs

(a) and (b) respectively, and by revising the first sentence in newly

redesignated paragraph (b), to read as follows:

Sec. 334.1270 Port Townsend, Indian Island, Walan Point; naval

restricted area.

* * * * *

(b) The regulations. No person or vessel shall enter this area

without permission from the Commander, Naval Base, Seattle, or his/her

authorized representative. * * *

* * * * *

88. Section 334.1310 is amended by revising paragraph (b)(1), to

read as follows:

Sec. 334.1310 Lutak Inlet, Alaska; restricted areas.

* * * * *

(b) * * * (1) No person, vessel or other watercraft shall enter or

remain in the Army POL dock restricted area when tankers are engaged in

discharging oil at the dock.

* * * * *

89. Section 334.1340 is amended by redesignating paragraph (b)(1)

as (b) and revising it to read as follows:

Sec. 334.1340 Pacific Ocean, Hawaii; danger zones.

* * * * *

(b) The regulations. No person, vessel or other craft shall enter

or remain in any of the areas at any time except as authorized by the

enforcing agency.

* * * * *

90. Section 334.1350 is amended by revising the first sentence in

paragraph (b)(1), to read as follows:

Sec. 334.1350 Pacific Ocean, Island of Oahu, Hawaii; danger zone.

* * * * *

(b) * * * (1) The area will be closed to the public and all

shipping on specific dates to be designated for actual firing and no

person, vessel or other craft shall enter or remain in the area during

the times designated for firing except as may be authorized by the

enforcing agency. * * *

* * * * *

91. Section 334.1410 is amended by revising the second sentence in

paragraph (b)(1), to read as follows:

Sec. 334.1410 Pacific Ocean at Makapuu Point, Waimanalo, Island of

Oahu, Hawaii, Makai Undersea Test Range.

* * * * *

(b) * * * (1) * * * During the display signals in the restricted

area, all persons and surface craft will remain away from the area

until such time as the signals are withdrawn. * * *

* * * * *

92. Section 334.1420 is amended by revising the first sentence in

paragraph (b)(1), to read as follows:

Sec. 334.1420 Pacific Ocean off Orote Point, Apra Harbor, Island of

Guam, Marianas Islands; small arms firing range.

* * * * *

(b) * * * (1) The danger zone shall be closed to the public and

shipping on specific dates to be designated for actual firing and no

person, vessel or other craft shall enter or remain in the danger zone

designated for firing except as may be authorized by the enforcing

agency. * * *

* * * * *

93. Section 334.1450 is amended by revising paragraph (b)(1), to

read as follows:

Sec. 334.1450 Atlantic Ocean off north coast of Puerto Rico; practice

firing areas, U.S. Army Forces Antilles.

* * * * *

(b) * * * (1) The danger zones shall be open to navigation at all

times except when practice firing is being conducted. When practice

firing is being conducted, no person, vessel or other craft except

those engaged in towing targets or patrolling the area shall enter or

remain with the danger zones: Provided, that any vessel propelled by

mechanical power at a speed greater than five knots may proceed through

the Camp Totuguero artillery range at any time to and from points

beyond, but not from one point to another in the danger zone between

latitudes 18 deg. 31' and 18 deg. 32', at its regular rate of speed

without stopping or altering its course, except when notified to the

contrary.

* * * * *

94. Section 334.1460 is amended by revising the third sentence in

paragraph (b)(1), to read as follows:

Sec. 334.1460 Atlantic Ocean and Vieques Sound in vicinity of Culebra

Island; bombing and gunnery target area.

* * * * *

(b) * * *

(1) * * * At such times, no person or surface vessels, except those

patrolling the area, shall enter or remain within the danger area. * *

*

* * * * *

95. Section 334.1470 is amended by revising the second sentence in

paragraph (b)(1), to read as follows:

Sec. 334.1470 Caribbean Sea and Vieques Sound, in vicinity of eastern

Vieques; bombing and gunnery target area.

* * * * *

(b) * * *

(1) * * * At such times, no persons or surface vessels, except

those patrolling the area, shall enter or remain within the danger

area. * * *

* * * * *

96. Section 334.1480 is amended by revising paragraph (b), to read

as follows:

Sec. 334.1480 Vieques Passage and Atlantic Ocean, off east coast of

Puerto Rico and coast of Vieques Island; naval restricted areas.

* * * * *

(b) The regulations. No person or vessel shall enter or remain

within the restricted areas at any time unless on official business.

Fishing vessels are permitted to anchor in Playa Blanca, passing

through the restricted area described in paragraph (a)(1) of this

section, to and from anchorage on as near a north-south course as

sailing conditions permit. Under no conditions will swimming, diving,

snorkeling, other water related activities or fishing, be permitted in

the restricted area.

For the Commander

Dated: March 26, 1997.

Russell L. Fuhrman,

Major General, USA, Director of Civil Works.

[FR Doc. 97-8604 Filed 4-9-97; 8:45 am]

BILLING CODE 3710-92-M