17550 Federal Register / Vol. 62, No. 69 / Thursday, April 10, 1997 / Rules and Regulations

1Copies of this Department of Defense

publication may be obtained from the Government

Printing Office, Superintendent of Documents,

Washington, DC 20402.

2See footnote 1 to § 2.3(a).

3Copies may be obtained, at cost, from the

National Technical Information Service, 5285 Port

Royal Road, Springfield, VA 22161.

4See footnote 3 to § 2.4(b).

5See footnote 3 to § 2.4(b).

§ 2.3 Regulatory relief for participating

programs.

(a) A program participating in the

Defense Acquisition Pilot Program will

not be subject to any regulation, policy,

directive, or administrative rule or

guideline relating to the acquisition

activities of the Department of Defense

other than the Federal Acquisition

Regulation (FAR) 1, the Defense FAR

Supplement (DFARS) 2, or those

regulatory requirements added by the

Under Secretary of Defense for

Acquisition and Technology, the Head

of the Component, or the DoD

Component Acquisition Executive.

(b) Provisions of the FAR and/or

DFARS that do not implement statutory

requirements may be waived by the

Under Secretary of Defense for

Acquisition and Technology using

appropriate administrative procedures.

Provisions of the FAR and DFARS that

implement statutory requirements may

be waived or limited in accordance with

the procedures for statutory relief

previously mentioned.

(c) Regulatory relief includes relief

from use of government-unique

specifications and standards. Since a

major objective of the Defense

Acquisition Pilot Program is to promote

standard, commercial industrial

practices, functional performance and

commercial specifications and

standards will be used to the maximum

extent practical. Federal or military

specifications and standards may be

used only when no practical alternative

exists that meet the user’s needs.

Defense acquisition officials (other than

the Program Manager or Commodity

Manager) may only require the use of

military specifications and standards

with advance approval from the Under

Secretary of Defense for Acquisition and

Technology, the Head of the DoD

Component, or the DoD Component

Acquisition Executive.

§ 2.4 Designation of participating

programs.

(a) Pilot programs may be nominated

by a DoD Component Head or

Component Acquisition Executive for

participation in the Defense Acquisition

Pilot Program. The Under Secretary of

Defense for Acquisition and Technology

shall determine which specific

programs will participate in the pilot

program and will transmit to the

Congressional defense committees a

written notification of each defense

acquisition program proposed for

participation in the pilot program.

Programs proposed for participation

must be specifically designated as

participants in the Defense Acquisition

Pilot Program in a law authorizing

appropriations for such programs and

provisions of law to be waived must be

specifically authorized for waiver.

(b) Once included in the Defense

Acquisition Pilot Program, decision and

approval authority for the participating

program shall be delegated to the lowest

level allowed in the acquisition

regulations consistent with the total cost

of the program (e.g., under DoD

Directive 5000.1, 3 an acquisition

program that is a major defense

acquisition program would be delegated

to the appropriate Component

Acquisition Executive as an acquisition

category IC program)

(c) At the time of nomination

approval, the Under Secretary of

Defense for Acquisition and Technology

will establish measures to judge the

success of a specific program, and will

also establish a means of reporting

progress towards the measures.

§ 2.5 Criteria for designation of

participating programs.

(a) Candidate programs must have an

approved requirement, full program

funding assured prior to designation,

and low risk. Nomination of a candidate

program to participate in the Defense

Acquisition Pilot Program should occur

as early in the program’s life-cycle as

possible. Developmental programs will

only be considered on an exception

basis.

(b) Programs in which commercial or

non-developmental items can satisfy the

military requirement are preferred as

candidate programs. A nominated

program will address which standard

commercial, industrial practices will be

used in the pilot program and how those

practices will be applied.

(c) Nomination of candidate programs

must be accompanied by a list of

waivers being requested to Statutes,

FAR, DFARS, DoD Directives 4 and

Instructions,5 and where applicable,

DoD Component regulations. Waivers

being requested must be accompanied

by rationale and justification for the

waiver. The justification must include:

(1) The provision of law proposed to

be waived or limited.

(2) The effects of the provision of law

on the acquisition, including specific

examples.

(3) The actions taken to ensure that

the waiver or limitation will not reduce

the efficiency, integrity, and

effectiveness of the acquisition process

used for the defense acquisition

program; and

(4) A discussion of the efficiencies or

savings, if any, that will result from the

waiver or limitation.

(d) No nominated program shall be

accepted until the Under Secretary of

Defense has determined that the

candidate program is properly planned.

Dated: April 4, 1997.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 97–9202 Filed 4–9–97; 8:45 am]

BILLING CODE 5000–04–M

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.

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
Federal Register / Vol. 62, No. 69 / Thursday, April 10, 1997 / Rules and Regulations 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 §§ 334.10 and 334.30 to show

that patrol vessels in addition to aircraft

will be patrolling the areas; the

restricted area in § 334.80 is amended

by adding ‘‘person’’ as we had proposed

for other areas and in § 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 § 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 § 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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.

* * * * *
17552 Federal Register / Vol. 62, No. 69 / Thursday, April 10, 1997 / Rules and Regulations

7. Section 334.70 is amended by

revising paragraph (a)(2), to read as

follows:

§ 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°16′00′′, on the east by longitude

70°47′30′′, on the south by latitude

41°12′30′′, and on the west by longitude

70°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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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
Federal Register / Vol. 62, No. 69 / Thursday, April 10, 1997 / Rules and Regulations 17553

Warfare Center, Indian Head Division,’’

and by revising paragraphs (b)(3), and

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

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:
17554 Federal Register / Vol. 62, No. 69 / Thursday, April 10, 1997 / Rules and Regulations

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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. * * *
Federal Register / Vol. 62, No. 69 / Thursday, April 10, 1997 / Rules and Regulations 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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
17556 Federal Register / Vol. 62, No. 69 / Thursday, April 10, 1997 / Rules and Regulations

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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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. * * *
Federal Register / Vol. 62, No. 69 / Thursday, April 10, 1997 / Rules and Regulations 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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
17558 Federal Register / Vol. 62, No. 69 / Thursday, April 10, 1997 / Rules and Regulations

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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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
Federal Register / Vol. 62, No. 69 / Thursday, April 10, 1997 / Rules and Regulations 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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:

§ 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° 31′ and 18° 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:

§ 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:

§ 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:

§ 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