[Federal Register Volume 61, Number 246 (Friday, December 20, 1996)]
[Proposed Rules]
[Pages 67265-67273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31828]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


Danger Zones and Restricted Areas

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Corps proposes to amend most of the regulations 
promulgated in 33 CFR Part 334, which establish danger zones and 
restricted areas in waters of the United States. This minor editorial 
amendment to the regulations clarifies 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.

DATES: Comments should be received on or before February 18, 1997.

ADDRESS: Send comments to: HQUSACE, CECW-OR, Washington, D.C. 20314-
1000.

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 proposes to amend danger zone and restricted area 
regulations in 33 CFR Part 334, by inserting the word ``person'', or 
similar 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. The addition of the word ``person'' to 
existing danger zone/restricted area regulations is necessary due to a 
recent lawsuit which involved a person trespassing (swimming) into a 
restricted area where the existing regulations prohibited entry by 
vessels or other craft but did not specifically prohibit entry by 
persons. We are taking this opportunity to change all danger zone and 
restricted area regulations in 33 CFR Part 334, which have a stated 
restriction or prohibition on vessels, watercraft and the like, but do 
not specifically address entry into the area(s) by persons swimming, 
floating, waterskiing, diving, or by any means allowing them entry into 
the area by water. Clearly, since the intent of the regulations when 
promulgated was to restrict the public's use of a designated water 
area, the changes proposed today will have no additional effect on the 
public.

Procedural Requirements

a. Review Under Executive Order 12866

    This proposed 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 proposed 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 proposal is adopted, 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, if established, 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.

List of Subjects in 33 CFR Part 334

    Navigation (water), Transportation, Danger Zones.

    For the reasons set out in the preamble, we propose to amend 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:

[[Page 67266]]

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

* * * * *
    (b) The regulations. * * *
    (5) Prior to the conducting of each bombing practice, the area will 
be patrolled by a non-participating naval aircraft to ensure that no 
persons or watercraft are within the danger zone and to warn any such 
person or watercraft seen in the vicinity by means of a signal that 
bombing practice is about to take place. * * *
* * * * *
    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; Navalsonobuoy 
test area.

* * * * *
    (b) The regulations. * * *
    (3) Prior to and during the period when sonobuoys are being 
dropped, an escort vessel from the U.S. Naval Air Station 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 actually 
clear of persons and vessels as ascertained by the project aircraft and 
the surface vessel.
    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) The regulations. (1) No person or vessel shall enter or remain 
in the danger zone from 8:00 a.m. to 5 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  Piscataua 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) The regulations. (1) No person or vessel shall enter or remain 
in the danger zone at any time, except as authorized by the enforcing 
agency.
* * * * *
    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) Atlantic Ocean in vicinity of No Man's Land.
* * * * *
    (2) The regulations. No 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) The regulations. (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) The regulations. (1) No persons, vessels or other watercraft 
will be allowed to enter the designated area during minefield training.
* * * * *
    10. Section 334.90 is amended by revising paragraph (b)(2), to read 
as follows:


Sec. 334.90  Waters of Atlantic Ocean; National Guard Training Center, 
Sea Girt, N.J.

* * * * *
    (b) The regulations. * * *
    (2) No person or vessel shall enter or remain in the danger zone 
during the operation of the firing range, excepting vessels of the 
United States or the State of New Jersey.
* * * * *
    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) The regulations. (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) The regulations. (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 danger 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) The regulations. (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:

[[Page 67267]]

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) The regulations. (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) The regulations. (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) The regulations. * * *
    (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) The regulations. * * *
    (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 paragraph (b)(3), and 
(b)(5), to read as follows:


Sec. 334.240  Potomac River, Mattawoman Creek and Chicamuxen Creek; 
U.S. Naval Propellant Plant, Indian Head, Md

* * * * *
    (b) The regulations. * * *
    (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) The regulations. * * *
    (2) No person or vessel shall approach within 300 years of any 
naval vessel or within 600 years 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) The regulations. (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) The regulations. * * *
    (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) Underwater demolitions area (prohibited) * * *
    (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) The regulations. (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  Albermarle Sound, Pamlico Sound, and adjacent waters, NC; 
danger zones for naval aircraft operations.

* * * * *
    (d) The Regulations. (1) Target areas. * * * No persons or vessels 
shall enter this area during the hours of daylight without special 
permission from the enforcing agency. * * *
    (2) Target and bombing area. * * * 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:

[[Page 67268]]

Sec. 334.430  Neuse River and tributaries at Marine Corps Air Station, 
Cherry Point, N.C.; restricted area.

* * * * *
    (b) The regulations. (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 fifth 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 
subparagraph (e)(2)(i), to read as follows:


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

* * * * *
    (c) The regulations. (1) No person shall enter or remain in the 
water in any closed sector after notice of firing therein has been 
given. * * *
* * * * *
    (d) Target and bombing area in Atlantic Ocean in vicinity of Bear 
Inlet. (2) * * * Upon being so warned, all persons and vessels shall 
leave the area as quickly as possible by the most direct route.
    (e) Inland Waters in the Browns Inlet area between Bear Creek and 
Onslow Beach Bridge over the Atlantic Intracoastal Waterway.
* * * * *
    (2) The regulations. (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) The regulations. * * *
    (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:


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) The regulations. * * *
    (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) The regulations. (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) The regulations. (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) The regulations. * * *
    (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) The regulations. (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) The regulations. (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) The regulations. (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 revising 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) The regulations. (1) All unauthorized persons and vessels are 
prohibited from operating within the danger zone during firing periods 
to be

[[Page 67269]]

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) The regulations. (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) The regulations. (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 other than Government-owned vessels and 
specifically authorized private craft or any person 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) The regulations. (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) The regulation. * * *
    (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. * * *
    (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) The regulations.
    (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. 334.660  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) The regulations. * * *
    (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 warning. 
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) The regulations. (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) The regulations. (1) Aerial gunnery ranges. (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 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) The regulations. (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) The regulations. * * *
    (3) All persons and vessels exclusive of those identified in 
paragraph (b)(2) of this section, will be 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 Rose Island, Air Force Proving Ground Command, Eglin Air Force 
Base, Fla.

* * * * *

[[Page 67270]]

    (b) The regulations. * * *
    (2) No person, vessel or other watercraft shall enter the 
prohibited area, except to navigate the Gulf Intracoastal 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) The regulations. (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) The regulations. (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) The regulations. (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) The regulations. * * *
    (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 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) The regulations. (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) The regulations. (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) The regulations. (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)(1) to read as follows:


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

* * * * *
    (b) The regulations. (1) 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) The regulations. (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. (1) 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) The regulations.
    (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) Restrictions. (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

[[Page 67271]]

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) The regulations. (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) The regulation. * * *
    (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 fifth 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) The regulations. 
    (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) The regulations. (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.
    (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) The regulations. * * *
    (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) The regulations. (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) The regulations. (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 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), to read 
as follows:


Sec. 334.1020  San Francisco Bay and Oakland Inner Harbor; restricted 
areas in vicinity of Naval Air Station, Alameda.

* * * * *
    (b) The regulations. (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 revising paragraph (a)(2), to 
read as follows:


Sec. 334.1030  Oakland Inner Harbor adjacent to Alameda Facility, Naval 
Supply Center, Oakland; restricted area.

    (a) * * *
    (2) The regulations. 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.
    71. Section 334.1040 is amended by revising paragraph (a)(2)(i), to 
read as follows:


Sec. 334.1040  Oakland Harbor in vicinity of Naval Supply Center, 
Oakland; restricted area and navigation.

* * * * *
    (2) The regulations. (i) 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 revising paragraph (a)(2), 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.

* * * * *
    (2) The regulations. No persons and no vessels or other credit, 
except vessels of the U.S. Government or vessels duly authorized by the 
Commander, Oakland Army Base, shall enter this area.

[[Page 67272]]

    73. Section 334.1060 is amended by revising paragraph (a)(2), to 
read as follows:


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

* * * * *
    (2) 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 revising paragraph (a)(2), to 
read as follows:


Sec. 334.1070  San Francisco Bay between Treasure Island and Yerba 
Buena Island; naval restricted area.

* * * * *
    (2) The regulations. No person and no vessels or other craft, 
except vessels of 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 adding a new sentence at the 
beginning of paragraph (a)(2), to read as follows:


Sec. 334.1080  San Francisco Bay adjacent to northeast corner of 
Treasure Island; naval restricted area.

    (a) * * *
    (2) The regulations. No person shall enter the restricted area.
    76. Section 334.1090 is amended by revising paragraph (a)(2), to 
read as follows:


Sec. 334.1090  San Francisco Bay in the vicinity of the NSC Fuel 
Department, Point Molate restricted area.

    (a) * * *
    (2) 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 revising paragraph (a)(2), 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.

* * * * *
    (2) 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 334.1120 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) The regulations. * * *
    (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.
* * * * *
    79. 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) The regulations. * * *
    (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.
* * * * *
    80. 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) The regulations. * * *
    (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. * * *
* * * * *
    81. Section 334.1150 is amended by revising paragraph (a)(2)(i) and 
the fourth (last) sentence in paragraph (b)(2) to read as follows:


Sec. 334.1150  Monterey Bay, Calif.

    (a) * * *
    (2) The regulations. (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) Naval mining operations area. * * *
    (2) The regulations. * * * 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.
    82. 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) The regulations. * * * At such times all persons and vessels 
shall stay clear.
    83. Section 334.1170 is amended by revising the second sentence in 
paragraph (b) to read as follows:


Sec. 334.1160  San Pablo Bay, Calif.; gunnery range, Naval Inshore 
Operations Training Center, Mare Island, Vallejo.

* * * * *
    (b) The regulations. * * * 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. * * 
*
* * * * *
    84. 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) The regulations. (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

[[Page 67273]]

vessel are to proceed to clear the area. * * *
* * * * *
    85. Section 334.1200 is amended by revising paragraph (a)(3) (i) 
and (ii), to read as follows:


Sec. 334.1200  Strait of Juan de Fuca, eastern end off the westerly 
shore of Whidbey Island; naval restricted areas.

    (a) * * *
    (3) The regulations. (i) Persons and vessels shall not enter these 
areas except at their own risk.
    (ii) 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.
* * * * *
    86. Section 334.1270 is amended by revising the first sentence in 
paragraph (a)(2) to read as follows:


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

    (a) * * *
    (2) The regulations. No person or vessel shall enter this area 
without permission from the Commander, Naval Base, Seattle, or his/her 
authorized representative. * * *
* * * * *
    87. Section 334.1310 is amended by revising paragraph (b)(1), to 
read as follows:


Sec. 334.1310  Lutak Inlet, Alaska; restricted areas.

* * * * *
    (b) The regulations. (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.
* * * * *
    88. 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.
* * * * *
    89. 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) The regulations. (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. * * *
* * * * *
    90. 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) The regulations. (1) * * * During the display of signals in the 
restricted area, all persons and surface craft will remain away from 
the area until such time as the signals are withdrawn. * * *
* * * * *
    91. 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) The regulations. (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. * * *
* * * * *
    92. Section 334.1450 is amended by rvising 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) The regulations. (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 within the danger zones: Provided, that any 
vessel propelled by mechanical power at a speed greater than five knots 
may proceed through the Camp Tortuguero 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.
* * * * *
    93. 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) The regulations. (1) * * * At such times, no person or surface 
vessels, except those patrolling the area, shall enter or remain within 
the danger area. * * *
* * * * *
    94. Section 334.1470 is amended by revising the second sentence in 
paragraph (b)(1), to read as follows:


Sec. 334.1470  Caribbean Sea and Viegues Sound, in vicinity of eastern 
Vieques; bombing and gunnery target area.

* * * * *
    (b) The regulations. (1) * * * At such times, no persons or surface 
vessels, except those patrolling the area, shall enter or remain within 
the danger area. * * *
* * * * *
    95. 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 (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.

    Dated: December 3, 1996.
Russell L. Fuhrman,
Major General, USA, Director of Civil Works.
[FR Doc. 96-31828 Filed 12-19-96; 8:45 am]
BILLING CODE 3710-92-M