Light 5; thence in a northeasterly direction to Light 6; thence east-southeast to Lighted Buoy 2, thence east-southeast to a point on the Maryland shore at approximately latitude 38°23'35", longitude 76°59'18"; thence southerly with the Maryland shore to a line passing through Light 1 to the Virginia shore, parallel to the Potomac River Bridge; thence northerly with the Virginia shore to the point of beginning. Aerial bombing and strafing is normally conducted in this zone at infrequent intervals.

(2) The regulations. (i) Firing normally takes place between the hours of 8:00 a.m. and 4:00 p.m. daily except Saturdays, Sundays, and national holidays, with infrequent night firing between 4:00 p.m. and 10:30 p.m. During a national emergency, firing will take place between the hours of 6:00 a.m. and 10:30 p.m. daily except Sundays.

(ii) When firing is in progress, no fishing or oystering vessels shall operate within the danger zone affected unless so authorized by the Naval Weapons Laboratory's patrol boats. Oystering and fishing boats or other craft may cross the river in the danger zone only after they have reported to the patrol boats and received instructions as to when and where to cross. Deep-draft vessels using dredged channels and propelled by mechanical power at a speed greater than five miles per hour may proceed directly through the danger zones without restriction except when especially notified to the contrary. Unless instructed to the contrary by the patrol boat, small craft navigating up or down the Potomac River during firing hours shall proceed outside of the northeastern boundary of the Middle Danger Zone. All craft desiring to enter the Middle Danger Zone when proceeding in or out of Upper Machodoc Creek during firing hours will be instructed by the patrol boat; for those craft which desire to proceed in or out of Upper Machodoc Creek on a course between the western shore of the Potomac River and a line from the Main Dock of the U.S. Naval Weapons Laboratory to Line of Fire Buoy P, clearance will be granted to proceed upon request directed to the patrol boat.

(iii) The regulations in this section shall be enforced by the Commander, U.S. Naval Weapons Laboratory and such agencies as he may designate. Pa

trol boats, in the execution of their mission assigned herein, shall display a square red flag during daylight hours for purposes of identification; at night time, a 32 point red light shall be displayed at the mast head.

(b) Accotink Bay, Accotink Creek, and Pohick Bay; United States Military Reservation, Fort Belvoir, Va.-(1) The danger zone. The waters of Accotink Bay, Accotink Creek, and Pohick Bay, Virginia, within and adjacent to the target ranges of the United States Military Reservation, Fort Belvoir, as follows: All of Accotink Bay; all of Accotink Creek below the bridge which crosses Accotink Creek approximately 400 yards south of U.S. Highway No. 1; and that portion of Pohick Bay bordering its north shore. The mouth of Accotink Bay and that portion of Pohick Bay within the danger zone will be marked by the Post Commander with suitable warning buoys.

(2) The regulations. (i) When firing affecting the area is in progress, the Post Commander will post guards at such locations that the waters in the danger zone may be observed and arrange signals whereby these guards may stop the firing should any person be seen in the danger zone. When firing is in progress, the Post Commander will cause to be displayed both on the east shore of Accotink Bay at its mouth and near the danger zone boundary on Accotink Creek a red streamer which shall be visible to a person in a boat near those points.

(ii) Persons desiring to cross the waters in the danger zone shall first determine whether a red streamer is displayed on the east Shore of Accotink Bay at its mouth or near the danger zone boundary on Accotink Creek. If the red streamer is displayed, it will indicate that firing is in progress and that the waters in the danger zone are covered by rifle fire, and the area shall not be entered until the streamer is lowered.

(iii) The Post Commander is hereby authorized by using such agencies and equipment necessary to stop all boats at the boundary of the danger zone and prohibit their crossing the area until convenient to the firing schedule to do so. [13 F.R. 6916, Nov. 24, 1948, as amended at 13 F.R. 9557, Dec. 31, 1948; 21 F.R. 2817, May 1, 1956; 22 F.R. 2951, Apr. 26, 1957; 28 F.R. 349, Jan. 12, 1963; 32 F.R. 3883, Mar. 9, 1967]

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

(a) The danger zone. Beginning at a point on the easterly shore of the Potomac River at latitude 38°36′00′′, longitude 77°11'00''; thence to latitude 38 34'30", longitude 77°13'00"; thence to latitude 38°33′20′′, longitude 77°14′20′′; thence to latitude 38°32′20′′, longitude 77°15'10"; thence to latitude 38°32'00'', longitude 77°15'0'; thence to latitude 38°32'00'', longitude 77°14'40''; thence to latitude 38°32'30", longitude 77°14'00"; thence upstream along the easterly shoreline of Chicamuxen Creek to its head; thence downstream along the westerly shoreline of Chicamuxen Creek to the southernmost point of Stump Neck; thence northeasterly along the shoreline of Stump Neck to the mouth of Mattawoman Creek; thence along the southeasterly shore of Mattawoman Creek to the footbridge connecting the left bank of the creek to the Naval Propellant Plant; thence along the northwesterly shore of Mattawoman Creek from the footbridge to the mouth of the creek; thence in a northeasterly direction along the easterly shore of the Potomac River to the point of beginning.

(b) The regulations. (1) Firings consisting of controlled explosions within the danger zone, and controlled shore operations, or accidental explosions, hazardous to vessel traffic within the limits of the danger zone, may take place at any time of the day or night and on any day of the week.

(2) Flashing red lights, horns, and signs established at appropriate points will warn vessels of impending tests or operations considered to be hazardous to vessels within the danger zone.

(3) No vessel 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.

(4) Nothing in this section shall prohibit the use of Mattawoman Creek or Chicamuxen Creek as a harbor of refuge because of stress of weather.

(5) Except as prescribed in subparagraph (3) of this paragraph, vessels may enter and proceed through the danger zone without restriction; however, ac

cidental explosions may occur at any time and vessels entering the area do so at their own risks.

(6) Fishermen operating in the danger zone when warning signals are sounded shall evacuate the area immediately.

(7) The regulations in this section shall be enforced by the Commanding Officer, U.S. Naval Propellant Plant, Indian Head, Maryland.

[26 F.R. 9748, Oct. 17, 1961]

§ 204.42

Chesapeake Bay, Point Lookout to Cedar Point; aerial firing range and target areas, U.S. Naval Air Test Center, Patuxent River, Md.

(a) Aerial firing range—(1) The danger zone. The waters of Chesapeake Bay within an area described as follows: Beginning at the easternmost extremity of Cedar Point; thence easterly to the southern tip of Barren Island; thence southeasterly to latitude 38°01'15", longitude 76°05'33"; thence southwesterly to Chesapeake Channel Buoy 50 (approximately latitude 37°59′25′′, longitude 76°10'54''); thence northwesterly to latitude 38°02'20'', longitude 76°17'26''; thence northerly to Point No Point Light; thence northwesterly to the shore at latitude 38°15'45''; thence northeasterly along the shore to the point of beginning. Aerial firing and dropping of nonexplosive ordnance will be conducted in this area throughout the year, Monday through Saturday, except national holidays.

(2) The regulations. (i) Through navigation of surface craft outside the target areas will be permitted at all times. Vessels shall proceed on their normal course and shall not delay their progress.

(ii) Prior to firing or ordnance drops, the range will be patrolled by naval surface craft or aircraft to warn watercraft likely to be endangered. Surface craft so employed will display a square red flag. Naval aircraft will use a method of warning consisting of repeated shallow dives in the area, following each dive by a sharp pullup.

(iii) Any watercraft under way or at anchor, upon being so warned, shall immediately vacate the area and shall remain outside the area until conclusion of firing practice.

(iv) Nothing in this section shall prevent the taking of shellfish or the setting of fishing structures within the

range outside target areas in accordance with Federal and State regulations; Provided, That no permanent or temporary fishing structures or oyster ground markers shall be placed on the western side of the Chesapeake Bay between Point No Point and Cedar Point without prior written approval of the Commanding Officer, U.S. Naval Air Station, Patuxent River, Md.

(v) Naval authorities will not be responsible for damage caused by projectiles, bombs, missiles, or Naval or Coast Guard vessels to fishing structures or fishing equipment which may be located in the aerial firing range immediately adjacent to the target areas.

(b) Target areas (1) Prohibited area. A circular area with a radius of 1,000 yards having its center at latitude 38°13'00'', longitude 76°19′00′′ identified as Hooper Target.

(2) Restricted area. A circular area with a radius of 600 yards having its center at latitude 38°02'18'', longitude 76°09'26'', identified as Hannibal Target.

(3) The regulations. Nonexplosive projectiles and bombs will be dropped at frequent intervals in the target areas. Hooper Target shall be closed to navigation at all times and Hannibal Target during daylight hours, except for vessels engaged in operational and maintenance operations as directed by the Commanding Officer, U.S. Naval Air Station, Patuxent River, Md. No person in the waters, vessel, or other craft shall enter or remain in the closed area except on prior written approval of the Commanding Officer, U.S. Naval Air Station, Patuxent River, Md.

(c) The regulations in this section shall be enforced by the Commander, Naval Air Test Center, and such agencies as he may designate.

[31 F.R. 13648, Oct. 22, 1966]

§ 204.44 Chesapeake Bay, in vicinity of Tangier Island; Naval guided missiles test operations area.

(a) The danger zone-(1) Prohibited area. A circle 1,000 yards in radius with its center at latitude 37°47'54", longitude 76°03'48''.

(2) Restricted area. A circle three nautical miles in radius with its center at latitude 37°47′54′′, longitude 76°03'48", excluding the prohibited area.

(b) The regulations. (1) 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 subparagraph (6) of this paragraph, 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.

(3) Advance notice will be given of the date on which the first firing is to be conducted and such notice will be published in "Notice to Mariners." Thereafter, the danger zone will be in use intermittently throughout the year and no further notice is contemplated that firing is continuing.

(4) Warning that firing is or will soon be in progress will be indicated by a red flag displayed from one of six dolphin platforms on the perimeter of the prohibited area, and by patrol vessels within the danger zone or by aircraft employing the method of warning known as "buzzing" which consists of low flight by the airplane and repeated opening and closing of the throttle. Surface or air search of the entire area will be made prior to the commencement of firing on each scheduled day. During periods of firing a patrol vessel will remain in the approaches to the restricted area and maintain continuous contact with the firing planes to warn when the area is not clear.

(5) Upon observing the warning flag or upon receiving a warning by any of the patrol vessels or aircraft, vessels or other craft shall immediately vacate the restricted area and remain outside the area until the conclusion of firing for the day.

(6) This section shall not deny traverse of portions of the restricted area by commercial craft proceeding in established steamer lanes, but when firing is or will soon be in progress all such craft shall proceed on their normal course through the area with all practicable speed.

(7) All projectiles, bombs and rockets will be fired to land within the prohibited area, and on or in the immediate vicinity of a target in the restricted area located adjacent to the west side of Tangier Island. The Department of the Navy will not be responsible for damages by such projectiles, bombs, or rockets to nets, traps, buoys, pots, fishpounds, stakes, or other equipment which may be located within the restricted area,

(8) The regulations of this section shall be enforced by the Commander, Naval Air Bases, Fifth Naval District, Norfolk, Virginia, and such agencies as he may designate.

[13 F.R. 6918, Nov. 24, 1948, as amended at 22 F.R. 3706, May 25, 1957; 24 F.R. 3760, May 6, 1959]

§ 204.46 Chesapeake Bay, South of Tangier Island, Virginia; naval firing

range.

(a) The danger zone. Beginning at latitude 37°46′39′′, longitude 75°57'43'', thence to latitude 37°43'42'', longitude 75°55'30"; thence to latitude 37°27'00'', longitude 76°02'48"'; thence to latitude 37°27'00'', longitude 76°08'00''; thence to latitude 37°45'00'', longitude 76°09'48"; thence to latitude 37°45'00'', longitude 76°08'51''; and thence along the circumference of a circle of five nautical miles radius whose center is at latitude 37°47'54'', longitude 76°03'48'', to the point of beginning.

(b) The regulations. (1) Any vessel propelled by mechanical means or by sail at a speed greater than five knots may proceed through the danger zone to and from points without, but not from one point to another point within, the area, except when especially notified to the contrary.

(2) All vessels, other than naval craft, are forbidden to anchor within the danger zone except in cases of great emergency. All vessels anchoring under circumstances of great emergency within the area shall leave the area immediately after the emergency ceases or upon notification by the enforcing agency.

(3) Fishing, oystering, clamming, crabbing, and other aquatic activities are forbidden within the limits of the danger zone, except that existing fishing structures licensed by the State of Virginia may be maintained and operated; Provided, The owners thereof obtain written permits from the enforcing agency designated in subparagraph (5) of this paragraph.

(4) Day and night firing over the range will be conducted intermittently by one or more vessels, depending on weather and operating schedules. When firing is in progress, adequate patrol by naval craft will be conducted to prevent vessels from entering or remaining within the danger zone.

(5) This section shall be enforced by the Commandant, Fifth Naval District,

U. S. Naval Base, Norfolk, Virginia, and such agencies as he may designate.

[13 F.R. 6918, Nov, 24, 1948, as amended at 22 F.R. 6965, Dec. 4, 1957]

§ 204.48 Atlantic Ocean and connecting waters in vicinity of Myrtle Island, Va.; Air Force practice bombing, rocket firing, and gunnery range.

(a) The danger zone. The waters of the Atlantic Ocean and connecting waters within an area described as follows: Beginning at latitude 37°12'18", longitude 75°46'00''; thence southwesterly to latitude 37°08′21'', longitude 75°50'00''; thence northwesterly along the arc of a circle having a radius of three nautical miles and centered at latitude 37°11'16'', longitude 75°49'29'', to latitude 37°10'14'', longitude 75°52'57''; thence northeasterly to latitude 37°14'30'', longitude 75°48'32''; thence southeasterly to 37°13'38", longitude 75°46'18''; and thence southeasterly to the point of beginning.

(b) The regulations. (1) No 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.

(2) This section shall be enforced by the Commanding General, Tactical Air Command, Langley Air Force Base, Virginia, and such agencies as he may designate.

[18 F. R. 8698, Dec. 24, 1953]

§ 204.49

Chesapeake Bay off Plumtree Island, Hampton, Va.; Air Force precision test area.

(a) The danger zone. The waters of Chesapeake Bay and connecting waters within an area bounded as follows: Beginning at latitude 37°08'12", longitude 76°19'30", which is a point on the circumference of a circle of 10,000-foot radius with its center on Plumtree Point at latitude 37°07'30'', longitude 76°17'36"; thence clockwise along the circumference of the circle to latitude 37°09'06", longitude 76°18'00''; thence southeasterly to latitude 37°08'12'', longitude 76°17'48''; thence clockwise along the circumference of a circle of 4,000-foot radius (with its center at latitude 37°07'30'', longitude 76°17′36'') to latitude 37°07'48", longitude 76°18'24"; thence northwesterly to the point of beginning.

(b) The regulations. (1) The danger zone will be in use not more than a total

of 4 hours per month, which hours shall be during not more than any 2 days per month.

(2) No vessel shall enter or remain in the danger zone during periods of firing or bombing or when the zone is otherwise in use.

(3) The Commander, Tactical Air Command, Langley Air Force Base, Va., shall be responsible for publicizing in advance through the Coast Guard's "Local Notice to Mariners," in the local press, and by radio from time to time the schedule of use of the area, and shall station patrol boats to warn vessels during periods of use.

(4) This section shall be enforced by the Commander, Tactical Air Command, Langley Air Force Base, Va., or such agency as he may designate.

(c) Disestablishment of danger zone. The danger zone will be disestablished not later than December 31, 1967, unless written application for its continuance shall have been made to and approved by the Secretary of the Army prior to that date.

[28 F.R. 1106, Feb. 5, 1963]

§ 204.49a Chesapeake Bay off Fort Monroe, Va.; firing range danger zone. (a) The danger zone. All of the water area lying within a section extending seaward a distance of 4,600 yards between radial lines bearing 83° True and 115° True, respectively, from a point on shore at latitude 37°01'30" N., longitude 76°17'54" W.

(b) The regulatons. (1) No weapon having a greater range than the 30calibre carbine is to be fired into the firing range danger zone.

(2) During periods when firing is in progress, red flags will be displayed at conspicuous locations on the beach. Observers will be on duty and firing will be suspended as long as any vessel is within the danger zone.

(3) Passage of vessels through the area will not be prohibited at any time, nor will commercial fishermen be prohibited from working fish rets within the area. No loitering or anchoring for other purposes will be permitted during announced firing periods.

(4) No firing will be done during hours of darkness or low visibility.

(5) The Commander, Fort Monroe, Va., is responsible for furnishing in advance the firing schedule to the Commander, 5th Coast Guard District, for

publication in his "Local Notice to Mariners" and to the local press at Norfolk and Newport News, Va.

(c) The regulations in this section shall be enforced by the Commanding Officer, Fort Monroe, Va., and such agencies as he may designate.

[35 F.R. 6575, Apr. 24, 1970]

§ 204.50 Chesapeake Bay off Fort Monroe, Va.; restricted area, U.S. Naval Base and Naval Ordnance Laboratory. (a) The danger zone. Beginning at latitude 37°00'30'', longitude 76°18'05''; thence to latitude 37°00'38", longitude 76°17'42''; thence to latitude 37°01'00'', longitude 76°17'15''; thence to latitude 37°01'00', longitude 76°16'11''; thence to latitude 36°59'43'', longitude 76°16'11"; thence to latitude 36°59'18'', longitude 76°17'52"; thence to latitude 37°00'05'', longitude 76°18'17"; and thence north along the seawall to the point of beginning.

(b) The regulations. (1) Anchoring, trawling, fishing, and dragging are prohibited in the danger zone, and no object, either attached to a vessel or otherwise, shall be placed on or near the bottom.

(2) This section shall be enforced by the Commander, Naval Base, Norfolk, Virginia, and such agencies as he may designate.

[13 F.R. 6919, Nov. 24, 1948, as amended at 15 F.R. 2085, Apr. 13, 1950; 21 F.R. 421, Jan. 20, 1956; 21 F.R. 1593, Mar. 14, 1956]

§ 204.51 Chesapeake Bay, Lynnhaven Roads; danger zones, U.S. Naval Amphibious Base.

(a) Underwater demolitions area (prohibited)-(1) The area. A portion

of the restricted area for Navy amphibious training operations described in § 207.157, along the south shore of Chesapeake Bay, bounded as follows: Beginning at a point on the mean lowwater line at longitude 76°08'59''; thence 200 yards to latitude 36°55'36'', longitude 76°08'57''; thence 400 yards to latitude 36°55′34′′, longitude 76°08'43''; thence 200 yards to a point on the mean low-water line at longitude 76°08'45''; and thence approximately 400 yards along the mean low-water line to the point of beginning. The area will be marked by range poles set on shore on the prolongation of the lines forming its eastern and western boundaries.

(2) The regulations. Vessels other than those owned and operated by the