[Federal Register Volume 62, Number 69 (Thursday, April 10, 1997)]
[Rules and Regulations]
[Pages 17550-17559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8604]
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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
