(a) Regulations. The general regulations contained in 33 CFR 165.23 as well as the following regulations apply to the fireworks displays and swim events listed in Tables 1 and 2 to Sec. 165.160. These regulations will be enforced for the duration of each event. Notifications will be made to the local maritime community through the Local Notice to Mariners and Broadcast Notice to Mariners well in advance of the events. If the event does not have a date listed, then exact dates and times of the enforcement period will be announced through a Notice of Enforcement in the Federal Register. Mariners should consult the Federal Register or their Local Notice to Mariners to remain apprised of schedule or event changes. First Coast Guard District Local Notice to Mariners can be found at http://www.navcen.uscg.gov/. The Captain of the Port Sector New York Marine Events schedule can also be viewed electronically at www.homeport.uscg.mil/newyork. Although listed in the Code of Federal Regulations, sponsors of events listed in Tables 1 and 2 to Sec. 165.160 are still required to submit marine event applications in accordance with 33 CFR 100.15.
(b) Definitions. The following definitions apply to this section:
(1) Designated representative. A ``designated representative'' is any Coast Guard commissioned, warrant or petty officer of the U.S. Coast Guard who has been designated by the Captain of the Port, Sector New York (COTP), to act on his or her behalf. The designated representative may be on an official patrol vessel or may be on shore and will communicate with vessels via VHF-FM radio or loudhailer. In addition, members of the Coast Guard Auxiliary may be present to inform vessel operators of this regulation.
(2) Official patrol vessels. Official patrol vessels may consist of any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the COTP.
(3) Spectators. All persons and vessels not registered with the event sponsor as participants or official patrol vessels.
(b) Vessel operators desiring to enter or operate within the regulated areas shall contact the COTP or the designated representative via VHF channel 16 or (718) 354-4353 (Sector New York command center) to obtain permission to do so.
(c) Spectators or other vessels shall not anchor, block, loiter, or impede the transit of event participants or official patrol vessels in the regulated areas during the effective dates and times, or dates and times as modified through the Local Notice to Mariners, unless authorized by COTP or designated representative.
(d) Upon being hailed by a U.S. Coast Guard vessel or the designated representative, by siren, radio, flashing light or other means, the operator of the vessel shall proceed as directed. Failure to comply with a lawful direction may result in expulsion from the area, citation for failure to comply, or both.
(e) The COTP or designated representative may delay or terminate any marine event in this subpart at any time it is deemed necessary to ensure the safety of life or property.
(f) The regulated area for all fireworks displays listed in Table 1 to Sec. 165.160 is that area of navigable waters within a 360 yard radius of the launch platform or launch site for each fireworks display, unless otherwise noted in TABLE 1 to Sec. 165.160 or modified in USCG First District Local Notice to Mariners at: http://www.navcen.uscg.gov/.
(g) Fireworks barges used in these locations will also have a sign on their port and starboard side labeled ``Fireworks--Stay Away''. This sign will consist of 10 inch high by 1.5 inch wide red lettering on a white background. Shore sites used in these locations will display a sign labeled ``Fireworks--Stay Away'' with the same dimensions. These zones will be enforced from 6 p.m. (E.S.T.) to 1 a.m. (E.S.T.) each day a barge with a ``Fireworks--Stay Away'' sign on the port and starboard side is on-scene or a ``Fireworks--Stay Away'' sign is posted in a location listed in TABLE 1 to Sec. 165.160.
(h) For all swim events listed in Table 2 to Sec. 165.160, vessels not associated with the event shall maintain a separation of at least 100 yards from the participants.
Table 1 to Sec. 165.160------------------------------------------------------------------------
------------------------------------------------------------------------1.0 Hudson River------------------------------------------------------------------------1.1 Macy's 4th of July Fireworks....... Event Type: Fireworks.
Date: July 4th.
Rain Date: July 5th.
Location: All waters of the
Hudson River bounded by a line
drawn east from approximate
position 404635.43" N,
0740037.53" W in New Jersey,
to approximate position
404616.98" N, 0735952.34" W in
New York, thence south along
the Manhattan shoreline to
approximate position
404448.98" N, 0740041.06" W,
then west to approximate
position 404455.91" N,
0740124.94" W, (NAD 83). Then
north along the New Jersey
shoreline and back to the
point of origin.------------------------------------------------------------------------2.0 New York Harbor------------------------------------------------------------------------2.1 Liberty Island Safety Zone......... Launch site: A barge located
in approximate position
404116.5" N 0740223" W (NAD
1983), located in Federal
Anchorage 20-C, about 360
yards east of Liberty Island.
This Safety Zone is a 360-yard
radius from the barge.------------------------------------------------------------------------2.2 Ellis Island Safety Zone........... Launch site: A barge located
between Federal Anchorages 20-
A and 20-B, in approximate
position 404145" N 0740209" W
(NAD 1983) about 365 yards
east of Ellis Island. This
Safety Zone is a 360-yard
radius from the barge.------------------------------------------------------------------------2.3 South Ellis Island Safety Zone..... Launch site: A barge located
in approximate position
404139.9" N 0740233.7" W (NAD
1983), about 260 yards south
of Ellis Island. This Safety
Zone is a 240-yard radius from
the barge.------------------------------------------------------------------------2.4 South Beach, Staten Island Safety Launch site: A barge located
Zone. in approximate position
403511" N 0740342" W (NAD
1983), about 350 yards east of
South Beach, Staten Island.
This Safety Zone is a 360-yard
radius from the barge.------------------------------------------------------------------------
2.5 Raritan Bay Safety Zone............ Launch site: A barge located
in approximate position
403004" N 0741535" W (NAD
1983), about 240 yards east of
Raritan River Cutoff Channel
Buoy 2 (LLNR 36595). This
Safety Zone is a 240-yard
radius from the barge.------------------------------------------------------------------------2.6 Coney Island Safety Zone........... Launch site: A land shoot
from the south end of
Steeplechase Pier, Coney
Island in approximate position
403411" N 0735900" W (NAD
1983). This Safety Zone is a
250-yard radius from the
launch site.------------------------------------------------------------------------2.7 Arthur Kill, Elizabeth, NJ Safety Launch site: A land shoot
Zone. located in Elizabeth, New
Jersey in approximate position
403850" N 0741058" W (NAD
1983), about 675 yards west of
Arthur Kill Channel Buoy 20
(LLNR 36780). This Safety Zone
is a 150-yard radius from the
launch site.------------------------------------------------------------------------2.8 Rockaway Beach Safety Zone......... Launch site: A barge located
in approximate position
403428.2" N 0735000" W (NAD
1983), 350 yards off of Beach
116th Street. This Safety Zone
is a 360-yard radius from the
barge.------------------------------------------------------------------------2.9 Rockaway Inlet Safety Zone......... Launch site: A barge located
in approximate position
403419.1" N 0735443.5" W (NAD
1983). 1200 yards south of
Point Breeze. This Safety Zone
is a 360-yard radius from the
barge.------------------------------------------------------------------------2.10 Pierhead Channel, NJ Safety Zone.. Launch site: A barge located
in approximate position
403918.8" N 0740439.1 W (NAD
1983), approximately 350 yards
north of the Kill Van Kull
Channel. This Safety Zone is a
360-yard radius from the
barge.------------------------------------------------------------------------2.11 Midland Beach, Staten Island Launch site: A barge located
Safety Zone. in approximate position
403412" N 0740429.6" W (NAD
1983), approximately 800 yards
southeast of Midland Beach.
This Safety Zone is a 500-yard
radius from the barge.------------------------------------------------------------------------2.12 Wolfes Pond Park, Staten Island Launch site: A barge located
Safety Zone. in approximate position
403052.1" N 0741058.8" W (NAD
1983), approximately 540 yards
east of Wolfes Pond Park. This
Safety Zone is a 500-yard
radius from the barge.------------------------------------------------------------------------2.13 Ocean Breeze Fishing Pier, Staten Launch site: A barge located
Island Safety Zone. in approximate position
403446.3" N 0740402.0" W (NAD
1983), approximately 1150
yards west of Hoffman Island.
This Safety Zone is a 360-yard
radius from the barge.------------------------------------------------------------------------
2.14 Fort Hamilton Safety Zone......... Launch site: A barge located
in approximate position
403600" N 0740142.5" W (NAD
1983), approximately 1400
yards southeast of the
Verrazano-Narrows Bridge. This
Safety Zone is a 240-yard
radius from the barge.------------------------------------------------------------------------2.15 Liberty State Park Safety Zone.... Launch site: A barge located
in approximate position
404120.32" N 0740329.35" W
(NAD 1983), approximately 334
yards south of Pier 7, Liberty
State Park, Jersey City, New
Jersey. This Safety Zone is a
240-yard radius from the
barge.------------------------------------------------------------------------3.0 Western Long Island Sound------------------------------------------------------------------------3.1 Peningo Neck, Western Long Island Launch site: A barge located
Sound safety zone. in approximate position
405621" N 0734123" W (NAD
1983), approximately 525 yards
east of Milton Point, Peningo
Neck, New York. This Safety
Zone is a 300-yard radius from
the barge.------------------------------------------------------------------------3.2 Satans Toe, Western Long Island Launch Site: A barge located
Sound Safety Zone. in approximate position
405521" N 0734341" W (NAD
1983), approximately 635 yards
northeast of Larchmont Harbor
(East Entrance) Light 2 (LLNR
25720). This Safety Zone is a
360-yard radius from the
barge.------------------------------------------------------------------------3.3 Larchmont, NY, Western Long Island Launch site: A barge located
Sound Safety Zone. in approximate position
405445" N 0734455" W (NAD
1983), approximately 450 yards
southwest of the entrance to
Horseshoe Harbor. This Safety
Zone is a 240-yard radius from
the barge.------------------------------------------------------------------------3.4 Manursing Island, Western Long Launch site: A barge located
Island Sound Safety Zone. in approximate position
405747" N 0734006" W (NAD
1983), approximately 380 yards
north of Rye Beach Transport
Rock Buoy 2 (LLNR 25570). This
Safety Zone is a 360-yard
radius from the barge.------------------------------------------------------------------------3.5 Glen Island, Western Long Island Launch site: A barge located
Sound Safety Zone. in approximate position
405312" N 0734633" W (NAD
1983), approximately 350 yards
east of the northeast corner
of Glen Island, New York. This
Safety Zone is a 240-yard
radius from the barge.------------------------------------------------------------------------3.6 Twin Island, Western Long Island Launch site: A land shoot
Sound Safety Zone. located on the east end of
Orchard Beach, New York in
approximate position 405210" N
0734707" W (NAD 1983). This
Safety Zone is a 200-yard
radius from the launch site.------------------------------------------------------------------------
3.7 Davenport Neck, Western Long Island Launch site: A barge located
Sound Safety Zone. in Federal Anchorage 1-A in
approximate position 405346" N
0734604" W (NAD 1983),
approximately 360 yards north
of Emerald Rock Buoy (LLNR
25810). This Safety Zone is a
360-yard radius from the
barge.------------------------------------------------------------------------3.8 Glen Cove, Hempstead Harbor Safety Launch site: A barge located
Zone. in approximate position
405158" N 0733934" W (NAD
1983), approximately 500 yards
northeast of Glen Cove
Breakwater Light 5 (LLNR
27065). This Safety Zone is a
360-yard radius from the
barge.------------------------------------------------------------------------3.9 Bar Beach, Hempstead Harbor Safety Launch site: A barge located
Zone. in approximate position
404950" N 0733912" W (NAD
1983), approximately 190 yards
north of Bar Beach, Hempstead
Harbor, New York. This Safety
Zone is a 180-yard radius from
the barge.------------------------------------------------------------------------3.10 Larchmont Harbor (north), Western Launch site: A barge located
Long Island Sound Safety Zone. in approximate position
405521.8" N 0734421.7" W (NAD
1983), approximately 560 yards
north of Umbrella Rock. This
Safety Zone is a 240-yard
radius from the barge.------------------------------------------------------------------------3.11 Orchard Beach, The Bronx Safety Launch site: All waters of
Zone. Long Island Sound in an area
bound by the following points:
405143.5" N 0734736.3" W;
thence to 405212.2" N
0734713.6" W; thence to
405202.5" N 0734647.8" W;
thence to 405132.3" N
0734709.9" W (NAD 1983),
thence to the point of origin.------------------------------------------------------------------------3.12 Larchmont Harbor (south), Western Launch site: A barge located
Long Island Sound Safety Zone. in approximate position
405516" N 0734415" W (NAD
1983), approximately 440 yards
north of Umbrella Rock,
Larchmont Harbor, New York.
This Safety Zone is a 240-yard
radius from the barge.------------------------------------------------------------------------3.13 Sands Point Western Long Island Launch site: A barge located
Sound Safety Zone. in approximate position
405203" N 0734339" W (NAD
1983), northeast of Hart
Island, in the vicinity of
Sands Point, New York. This
Safety Zone is a 180-yard
radius from the barge.------------------------------------------------------------------------3.14 Echo Bay, Western Long Island Launch site: A shore launch
Sound Safety Zone. located in approximate
position 405434.41" N
0734556.61" W (NAD 1983),
southeast portion of Harrison
Island, New York. This Safety
Zone is a 180-yard radius from
the barge.------------------------------------------------------------------------4.0 East River------------------------------------------------------------------------
4.1 Wards Island, East River Safety Launch site: A barge located
Zone. in approximate position
404657.8" N 0735528.6" W (NAD
1983), approximately 330 yards
north of the Robert F. Kennedy
Bridge (Triborough Bridge)
Bridge. This Safety Zone is a
150-yard radius from the
barge.------------------------------------------------------------------------4.2 Newtown Creek, East River Safety Launch site: A barge located
Zone. in approximate position 4044"
24 N 0735800" W (NAD 1983),
approximately 785 yards south
of Belmont Island. This Safety
Zone is a 360-yard radius from
the barge.------------------------------------------------------------------------4.3 Corlears, East River Safety Zone... Launch site: A barge located
in approximate position
404234.53" N 0735833.37" W
(NAD 1983), approximately 570
yards south of the
Williamsburg Bridge, 250 yards
west of Railroad Avenue,
Corlears Hook, New York. This
Safety Zone is a 180-yard
radius from the barge.------------------------------------------------------------------------4.4 Seaport, East River Safety Zone.... Launch site: All waters of
the East River south of the
Brooklyn Bridge and north of a
line drawn from the southwest
corner of Pier 3, Brooklyn, to
the southeast corner of Pier
6, Manhattan.------------------------------------------------------------------------5.0 Hudson River------------------------------------------------------------------------5.1 Pier 60, Hudson River Safety Zone.. Launch site: A barge located
in approximate position
404449" N 0740102" W (NAD
1983), approximately 500 yards
west of Pier 60, Manhattan,
New York. This Safety Zone is
a 360-yard radius from the
barge.------------------------------------------------------------------------5.2 The Battery, Hudson River Safety Launch site: A barge located
Zone. in approximate position
404200" N 0740117" W (NAD
1983), approximately 500 yards
south of The Battery,
Manhattan, New York. This
Safety Zone is a 360-yard
radius from the barge.------------------------------------------------------------------------5.3 Battery Park City, Hudson River Launch site: A barge located
Safety Zone. in approximate position
404239" N 0740121" W (NAD
1983), approximately 480 yard
southwest of North Cove Yacht
Harbor, Manhattan, New York.
This Safety Zone is a 360-yard
radius from the barge.------------------------------------------------------------------------5.4 Pier 90, Hudson River Safety Zone.. Launch site: A barge located
in approximate position
404611.8" N 0740014.8" W (NAD
1983), approximately 375 yards
west of Pier 90, Manhattan,
New York. This Safety Zone is
a 360-yard radius from the
barge.------------------------------------------------------------------------
5.5 Yonkers, NY, Hudson River Safety Launch site: A barge located
Zone. in approximate position
405614.5" N 0735433" W (NAD
1983), approximately 475 yards
northwest of the Yonkers
Municipal Pier, New York. This
Safety Zone is a 360-yard
radius from the barge.------------------------------------------------------------------------5.6 Hastings-on-Hudson, Hudson River Launch site: A barge located
Safety Zone. in approximate position
405944.5" N 0735328" W (NAD
1983), approximately 425 yards
west of Hastings-on-Hudson,
New York. This Safety Zone is
a 360-yard radius from the
barge.------------------------------------------------------------------------5.7 Pier D, Hudson River Safety Zone... Launch site: A barge located
in approximate position
404257.5" N 0740134" W (NAD
1983), approximately 375 yards
southeast of Pier D, Jersey
City, New Jersey. This Safety
Zone is a 360-yard radius from
the barge.------------------------------------------------------------------------5.8 Pier 54, Hudson River Safety Zone.. Launch site: A barge located
in approximate position
404431" N 0740100" W (NAD
1983), approximately 380 yards
west of Pier 54, Manhattan,
New York. This Safety Zone is
a 360-yard radius from the
barge.------------------------------------------------------------------------5.9 Pier 84, Hudson River Safety Zone.. Launch site: A barge located
in approximate position
404556.9" N 0740025.4" W (NAD
1983), approximately 380 yards
west of Pier 84, Manhattan,
New York. This Safety Zone is
a 360-yard radius from the
barge.------------------------------------------------------------------------5.10 Peekskill Bay, Hudson River Safety Launch site: A barge located
Zone. in approximate position
411716" N 0735618" W (NAD
1983), approximately 670 yards
north of Travis Point. This
Safety Zone is a 360-yard
radius from the barge.------------------------------------------------------------------------5.11 Jersey City, NJ, Hudson River Launch site: A barge located
Safety Zone. in approximate position
404237.3" N 0740141.6" W (NAD
1983), approximately 420 yards
east of Morris Canal Little
Basin. This Safety Zone is a
360-yard radius from the
barge.------------------------------------------------------------------------5.12 Newburgh, NY, Hudson River Safety Launch site: A barge located
Zone. in approximate position
413001.2" N 0735942.5" W (NAD
1983), approximately 930 yards
east of Newburgh, New York.
This Safety Zone is a 360-yard
radius from the barge.------------------------------------------------------------------------5.13 Poughkeepsie, NY, Hudson River Launch site: A barge located
Safety Zone. in approximate position
414224.50" N 0735644.16" W
(NAD 1983), approximately 420
yards north of the Mid Hudson
Bridge. This Safety Zone is a
300-yard radius from the
barge.------------------------------------------------------------------------
5.14 Pier 40, Hudson River Safety Zone. Launch site: A barge located
in approximate position
404330" N 0740106.7" W (NAD
1983), in the vicinity of the
Holland Tunnel Ventilator, 530
yards south of Pier 40,
Manhattan, New York. This
Safety Zone is a 240-yard
radius from the barge.------------------------------------------------------------------------5.15 Fort Tryon Park, Hudson River Launch site: A barge located
Safety Zone. in approximate position
405152" N 0735624" W (NAD
1983), approximately 1750
yards north of the George
Washington Bridge. This Safety
Zone is a 180-yard radius from
the barge.------------------------------------------------------------------------6.0 Hutchinson River------------------------------------------------------------------------6.1 Bronx, NY Hutchinson River Safety Launch site: A barge located
Zone. in approximate position
405231" N 0734924" W (NAD
1983). This Safety Zone is a
120-yard radius from the
barge.------------------------------------------------------------------------7.0 Navesink River------------------------------------------------------------------------7.1 Keyport, NJ, Safety Zone........... Launch site: A barge located in
approximate position 402624" N
0741218" W (NAD 1983),
approximately 200 yards north
of Keyport, NJ. This Safety
Zone is a 150-yard radius from
the barge.------------------------------------------------------------------------7.2 Rumson, NJ, Safety Zone............ Launch site: A barge located
in approximate position
402239.1" N 0740107.3" W (NAD
1983), approximately 600 yards
south of the Oceanic Bridge.
This Safety Zone is a 300-yard
radius from the barge.------------------------------------------------------------------------7.3 Red Bank, NJ, Safety Zone.......... Launch site: A barge located in
approximate position 402120" N
0740410" W (NAD 1983),
approximately 360 yards
northwest of Red Bank, NJ.
This Safety Zone is a 300-yard
radius from the barge.------------------------------------------------------------------------
Table 2 to Sec. 165.160------------------------------------------------------------------------
------------------------------------------------------------------------1.0 Hudson River------------------------------------------------------------------------1.1 Hudson Valley Triathlon............ Event Type: Swim Event
Date: The first weekend after
the 4th of July.
The following area is a
safety zone: All waters of the
Hudson River in the vicinity
of Ulster Landing, bound by
the following points:
420003.7" N, 0735643.1" W;
thence to 415952.5" N,
0735634.2" W thence to
420015.1" N, 0735625.2" W
thence to 420005.4" N,
0735641.9" W thence along the
shoreline to the point of
beginning.
This Safety Zone includes all
waters within a 100-yard
radius of each participating
swimmer.------------------------------------------------------------------------1.2 Newburgh Beacon Swim............... Event Type: Swim Event.
Date: Last weekend in July.
Rain Date: The first weekend
in August.
Location: Participants will
cross the Hudson River between
Newburgh and Beacon, New York
approximately 1300 yards south
of the Newburgh-Beacon
Bridges.
This Safety Zone includes all
waters within a 100-yard
radius of each participating
swimmer.------------------------------------------------------------------------1.3 Hudson River Swim for Life......... Event Type: Swim Event.
Date: 2nd weekend in
September.
Location: Participants will
cross the Hudson River in the
vicinity of Nyack, New York
between Lower Nyack Ledge and
Kingsland Point, approximately
200 yards north of the Tappan
Zee Bridge.
This Safety Zone includes all
waters within a 100-yard
radius of each participating
swimmer.------------------------------------------------------------------------1.4 Toughman Half Triathlon............ Event Type: Swim Event.
Date: 2nd weekend in
September.
Location: Participants will
swim in the vicinity of Croton
Point Park, New York between
Potato Rock and Harmon, New
York from the shoreline out to
1000 yards.
This Safety Zone includes all
waters within a 100-yard
radius of each participating
swimmer.------------------------------------------------------------------------2.0 East River------------------------------------------------------------------------2.1 Brooklyn Bridge Swim............... Event Type: Swim Event.
Date: 2nd or 3rd weekend in
September.
Location: Participants will
swim between Brooklyn and
Manhattan, New York crossing
the East River along the
Brooklyn Bridge.
This Safety Zone includes all
waters within a 100-yard
radius of each participating
swimmer.------------------------------------------------------------------------3.0 Western Long Island Sound------------------------------------------------------------------------3.1 Swim Across America................ Event Type: Swim Event.
Date: 4th weekend in July and
2nd weekend in August.
Location: Participants will
swim between Glen Cove and
Larchmont, New York and an
area of Hempstead Harbor
between Glen Cove and the
vicinity of Umbrella Point.
This Safety Zone includes all
waters within a 100-yard
radius of each participating
swimmer.------------------------------------------------------------------------4.0 Upper New York Bay, Lower New
York Bay------------------------------------------------------------------------4.1 Ederle Swim........................ Event Type: Swim Event.
Date: 2nd or 3rd weekend in
October.
Location: Participants will
swim between Manhattan, New
York and the north shore of
Sandy Hook, New Jersey
transiting through the upper
New York Bay, under the
Verrazano-Narrows Bridge and
across the Lower New York Bay.
The route direction is
determined by the predicted
tide state and direction of
current on the scheduled day
of the event.
This Safety Zone includes all
waters within a 100-yard
radius of each participating
swimmer.4.2 Rose Pitonof Swim..................
Event Type: Swim Event
Date: The 2nd weekend in
August.
Location: Participants will
swim between Manhattan, New
York and the shore of Coney
Island, New York transiting
through the Upper New York
Bay, under the Verrazano-
Narrows Bridge and south in
the Lower New York Bay. The
route direction is determined
by the predicted tide state
and direction of current on
the scheduled day of the
event.
This Safety Zone includes all
waters within a 100-yard
radius of each participating
swimmer.------------------------------------------------------------------------ [USCG-2010-1001, 76 FR 69617, Nov. 9, 2011]