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CHAPTER II-CORPS OF ENGINEERS, WAR DEPARTMENT

N. B.: Dates appearing in the citations of source of documents codified in this chapter, such as dates of issuance, approval, or effectiveness, are obtained from the original document. For general statutory provisions governing effective dates, validity, and constructive notice see section 7 of the Federal Register Act (49 Stat. 502; 44 U.S.C. 307) and sections 3 and 4 of the Administrative Procedure Act (60 Stat. 238; 5 U.S.C., Sup., 1002, 1003).

NOTE: Other regulations issued by the War Department appear in Title 10, Title 32, Chapter II, and Title 36, Chapter III.

Part

202 Anchorage regulations. [Amended] 203 Bridge regulations. [Amended]

204 Danger zone regulations. [Amended]

206 Fishing and hunting regulations. [Amended]

207

Navigation regulations. [Amended]

209

210

Rules relating to administrative procedure. [Added] Procurement activities of the Corps of Engineers. [Added] 211 Real estate activities of the Corps of Engineers.

[Added] ABBREVIATIONS: The following abbreviations are used in this chapter:

Corps of Engineers

Code of Federal Regulations
Comptroller General

Cumulative Supplement

CE

CFR

Comp. Gen.

Cum. Supp.
F.R.

Reg.(s)

Sec.

Stat.

U.S.C.

Federal Register

Regulation (s)
Section

Statutes at Large

United States Code

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41°32'07'' N. which parallel passes through a point 130 yards north of Gould Island Light; except that anchorage is forbidden in the approach of the Jamestown Ferry within a zone 300 yards wide to the southward of a line bearing 103° from a point 100 yards north of the existing ferry landing toward the spire of Trinity Church, Newport.

NOTE 1. That portion of the area to the northward of the approach of the Jamestown Ferry shall be restricted for the anchorage of vessels of the United States Navy. In that portion of the area to the southward of the approach of the Jamestown Ferry the requirements of the Navy shall predominate.

NOTE 2. Temporary floats or buoys for marking anchors or moorings in place will be allowed in this area. Fixed mooring piles or stakes will not be allowed.

(2) Anchorage B, Coasters Harbor Island to Coggeshall Point. To the northward of a line bearing 303° from the north end of the breakwater west of Coasters Harbor Island toward the torpedo testing range buoy 1; to the eastward of a line bearing 19° from the easternmost Dumpling through bell buoy 12A northwest of Dyer Island, thence bearing 39° toward the lighted bell buoy 16 southwest of Arnold Point; to the southward of a line bearing 132° from the southeast corner of the pier at Homestead, Prudence Island; to the westward of a line bearing 205° and coinciding with the westerly limit of the prohibited area north of Coggeshall Point; and to the southward of a line bearing 132° through buoy N14A; except that anchorage is forbidden between the south limit of the cable area to Gould Island and latitude 41°32'15'' N., between latitude 41°33'12'' N. and latitude 41°33'30" N. which parallels pass through points 490 yards south and 117 yards north of the north end of Midway Pierhead, respectively, and in the cable area opposite Coggeshall Point.

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Frank McWilliams, Inc., Pier No. 2, West New Brighton, Staten Island, New York, to the southwest corner of the pier at the foot of Hunpreys Avenue, Bayonne; to the northward of a line ranging 258° from the inshore end of the Bergen Point Ferry at Bayonne to a point due east of Bergen Point Light, and thence to Bergen Point Light; and to the southeastward of a line ranging 55° from Bergen Point Light to the shore. [Anchorage 29 amended, May 29, 1946 (CE 800.212 (Kill Van Kull, N. J.)-SPEWR), 11 F.R. 6774]

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(c) (1) Long Beach Bridge. From May 15 to September 30, inclusive, of each year, on Saturdays and Sundays and on Memorial Day, Independence Day, and Labor Day between the hours of 3:01 p. m. and 7:59 p. m., openings of the draw will be made, only if necessary, every half-hour on the hour and on the half-hour: Provided, That the draw shall be opened promptly at all times to vessels owned, controlled, or employed by the United States Government. The time specified is eastern daylight saving time or eastern standard time, whichever is in force.

(2) Atlantic Beach Bridge. From May 15 to September 30, inclusive, of each year, on Saturdays and Sundays and on Memorial Day, Independence Day, and Labor Day between the hours of 11:00 a. m. and 9:00 p. m., and on weekdays between the hours of 4:00 p. m. and 7:00 p. m., openings of the draw will be made, only if necessary, every half-hour on the hour and on the half-hour: Provided, That during the period from two hours before to one hour after the time of predicted high tide the bridge shall be opened promptly upon proper signal for the passage of vessels unable to pass

under the closed draw: Provided further, That the draw shall be opened promptly at all times to vessels owned, controlled, or employed by the United States Government. The time specified is eastern daylight saving time or eastern standard time, whichever is in force. For the purpose of these regulations, predicted high tide shall be deemed to occur ten minutes earlier than the time of predicted high tide for Sandy Hook as given in the tide tables for the United States published by the United States Coast and Geodetic Survey, Department of Commerce. The time stated in the tables is eastern standard time, and one hour should be added to convert to eastern daylight saving time.

(d) (1) Call signals for opening of draw-(i) Sound signals. By vessels owned, controlled, or employed by the United States Government: Four distinct blasts of a whistle, horn or megaphone, or four loud and distinct strokes of a bell.

By all other vessels: Three distinct blasts of a whistle, horn, or megaphone, or three loud and distinct strokes of a bell sounded within a reasonable hearing distance of the bridge.

(ii) Visual signals. To be used in conjunction with sound signals when conditions are such that sound signals may not be heard: A white flag by day or a white light at night, swung in full circles at arm's length in full sight of the bridge and facing the draw.

(2) Acknowledging signals-(i) By bridge operator: Sound signals. Draw to be opened immediately: Same as call signal.

Draw cannot be opened immediately, or, if open, must be closed immediately: Two long distinct blasts of a whistle, horn, or megaphone or two loud and distinct strokes of a bell, to be repeated at regular intervals until acknowledged by the vessel.

(ii) Visual signals. To be used in conjunction with sound signals when conditions are such that sound signals may not be heard.

Draw to be opened immediately: A white flag by day or a green light at night swung up and down vertically a number of times in full sight of the vessel.

Draw cannot be opened immediately, or, if open, must be closed immediately: A red flag by day or a red light at night swung to and fro horizontally in full sight

of the vessel, to be repeated until acknowledged by the vessel.

(iii) By vessels. Vessels or other watercraft having signaled for the opening of the draw and having received a signal that the draw cannot be opened immediately, or, if open, must be closed immediately, shall acknowledge said signal by one long blast followed by one short blast, or by swinging to and fro horizontally a red flag by day or a red light at night.

(e) Automobiles, trucks, and other vehicles or vessels and other watercraft shall not be stopped or manipulated in such a manner as to hinder or delay the operation of the draw, but all passage over the drawspan or through the draw opening shall be in such a manner as to expedite both land and water traffic.

(f) The owner of or agency controlling the bridges shall provide and keep in good legible condition on each bridge two board gauges painted white, with black figures not less than eight inches high, to indicate the minimum headroom clearance under the closed drawspan at all stages of the tide. The gauges shall be so placed on each bridge that they will be plainly visible to the operator of a vessel approaching the bridge either upstream or downstream.

(g) The bridges shall not be required to open for craft carrying appurtenances unessential for navigation which extend above the normal superstructure. Military masts shall be considered as part of the normal superstructure. (Upon request, the District Engineer in charge of the locality will cause inspection to be made of the superstructure and appurtenances of any craft habitually frequenting the waterway with a view to adjusting any differences of opinion in this matter between the vessel owner and the bridge owner.)

(h) Copies of these regulations shall be conspicuously posted on both the upstream and the downstream sides of each bridge in such manner as to permit their being easily read at any time. (Sec. 5, 28 Stat. 362; 33 U.S.C. 499) [Regs., July 10, 1946 (CE 823 (Far Rockaway BayLawrence-Atlantic Beach, N. Y.)SPEWR), 11 F.R. 8034]

§ 203.216 Oceanport Creek at Oceanport, New Jersey; New York and Long Branch Railroad bridge. (a) The owner of or agency controlling the bridge will

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(c) When weather conditions prevent hearing the sound signals when a vessel approaches a drawbridge and desires to pass through the draw, signals shall be made from the vessel by swinging in circles at arm's length a lighted lantern at night and a flag by day.

(1) When the draw of the bridge can be opened immediately, the drawtender shall reply by raising and lowering in vertical plane a number of times a lighted lantern at night and a flag by day.

(2) When the draw of the bridge cannot be opened immediately or when the bridge is open and is to be closed immediately, the drawtender shall reply by swinging to and fro horizontally a number of times a lighted lantern at night and a flag by day.

(d) When a vessel wishes to pass two or more bridges close together or crossing a section of the waterway less than 500 feet in length, signals as prescribed above shall be given from the vessel for opening the first bridge, followed at an interval of about five seconds by the same signals for the second bridge, and so on, thus giving, at intervals of about five seconds, separate signals for each bridge the vessel desires to pass.

(e) When two or more vessels are approaching a bridge at nearly the same time from the same or opposite directions with the draw opened or closed, each of these vessels shall signal independently for the opening of the draw, and the drawtender shall reply as prescribed and in turn to the signal of each vessel.

(f) Where bridges are less than 500 feet apart, the signals to govern the movements of the approaching vessel shall be given from the bridge nearest the vessel. If the bridge can be opened immediately, the bridgetender shall await the reply signals from the other bridges and then give the signal circumstances require. If the nearest bridge cannot be opened immediately, the prescribed signal shall be given the approaching vessel at once to be followed as soon as possible by the signal from that bridge that the draws are about to open.

(g) The draw shall be opened with the least possible delay upon receiving the prescribed signal: Provided, That the drawspan shall not be opened when a train is approaching so closely that it

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