§ 165.165 33 CFR Ch. I (7–1–11 Edition)

and the northwest corner of Pier 2 sioned, warrant, and petty officers of North, Brooklyn. the Coast Guard. Upon being hailed by (2) [Reserved] a U.S. Coast Guard vessel using siren, (3) Location. Marine Air Terminal, La radio, flashing light, or other means, Guardia Airport: All waters of Bowery the operator of a vessel shall proceed Bay, , New York, south of a line as directed. drawn from the western end of La [CGD01–98–006, 64 FR 24948, May 10, 1999, as Guardia Airport at approximate posi- amended by CGD01–00–146, 65 FR 47320, Aug. tion 40°46′47″ N 073°53′05″ W (NAD 1983) 2, 2000] to the Bridge at approxi- mate position 40°46′51″ N 073°53′21″ W § 165.165 Regulated Navigation Area; (NAD 1983) and east of a line drawn be- Hudson River South of the Troy tween the point at the Rikers Island Locks, NY. Bridge to a point on the shore in (a) Regulated navigation area. All nav- Queens, New York, at approximate po- igable waters of the Hudson River sition 40°46′36″ N 073°53′31″ W (NAD south of the Troy Locks. 1983). (b) Definitions. The following defini- (4) Location. All waters of the East tions apply to this section: River bound by the following points: (1) Designated representative means 40°44′37″ N, 073°58′16.5″ W (the base of any Coast Guard commissioned, war- East 35th Street, Manhattan), then rant, or petty officer, or a Federal, east to 40°44′34.5″ N, 073°58′10.5″ W State, or local law enforcement officer (about 175 yards offshore of Manhat- designated by or assisting the Captain tan), then northeasterly to 40°45′29″ N, of the Port (COTP) New York. 073°57′26.5″ W (about 125 yards offshore (2) Horsepower (HP) means the total of Manhattan at the Queensboro maximum continuous shaft horsepower Bridge), then northwesterly to 40°45′31″ of all the vessel’s main propulsion ma- N, 073°57′30.5″ W (Manhattan shoreline chinery. at the ), then south- (c) Applicability. This section applies erly to the starting point at 40°44′37″ N, to tugs with less than 3,000 horsepower 073°58′16.5″ W. All nautical positions are when engaged in towing operations. based on North American Datum of (d) Regulations. (1) Except as provided 1983. in paragraph (c)(3) of this section, ves- (5) Location. All waters of the East sels less than 3,000 horsepower while River north of a line drawn from ap- engaged in towing operations are not proximate position 40°44′37″ N, authorized to transit that portion of 073°58′16.5″ W (the base of East 35th the Hudson River south of the Troy Street, Manhattan), to approximate po- Locks when ice thickness on average is sition 40°44′23″ N, 073°57′44.5″ W (Hunters eight inches or greater. Point, Long Island City), and south of (2) All Coast Guard assets enforcing the Queensboro Bridge. All nautical po- this Regulated Navigation Area can be sitions are based on North American contacted on VHF marine band radio, Datum of 1983. channel 13 or 16. The COTP can be con- (6) The security zone will be acti- tacted at (718) 354–4356, and the public vated 30 minutes before the dignitaries’ may contact the COTP to suggest arrival into the zone and remain in ef- changes or improvements in the terms fect until 15 minutes after the dig- of this Regulated Navigation Area. nitaries’ departure from the zone. (3) All persons desiring to transit (7) The activation of a particular through a portion of the regulated area zone will be announced by facsimile that has operating restrictions in ef- and marine information broadcasts. fect must contact the COTP at tele- (b) Regulations. (1) The general regu- phone number (718) 354–4356 or on VHF lations contained in 33 CFR 165.33 channel 13 or 16 to seek permission apply. prior to transiting the affected regu- (2) All persons and vessels shall com- lated area. ply with the instructions of the Coast (4) The COTP will notify the public of Guard Captain of the Port or the des- any changes in the status of this Regu- ignated on-scene-patrol personnel. lated Navigation Area by Marine Safe- These personnel comprise commis- ty Information Broadcast on VHF–FM

648

VerDate Mar<15>2010 14:03 Oct 12, 2011 Jkt 223131 PO 00000 Frm 00658 Fmt 8010 Sfmt 8010 Y:\SGML\223131.XXX 223131 rfrederick on DSK29S0YB1PROD with CFR Coast Guard, DHS § 165.168

marine band radio, channel 22A (157.1 (4) Vessels equal to or greater than 20 MHZ). meters (65.6 feet) in length, carrying persons for the purpose of viewing the [USCG–2010–0794, 76 FR 8656, Feb. 15, 2011] fireworks, may take position in an area § 165.166 Safety Zone: Macy’s July 4th inside the safety zone, at least 200 Fireworks, , NY. yards off the bulkhead on the west (a) Regulated area. The following area bank and just off the pierhead faces on is a safety zone: All waters of the the east bank of the East River be- Upper New York Bay south of a line tween the and drawn from Pier A (Fireboat Station North 9th Street, Brooklyn. This area Pier), Battery Park City, in approxi- is bound by the following points: mate position 40°42′15.4″ N 074°01′06.8″ W 40°42′45.5″ N 073°58′07.4″ W; thence to (NAD 1983) to the easternmost corner 40°42′50.4″ N 073°58′23.2″ W; thence to of the Ellis Island Security Zone, in ap- 40°43′23.1″ N 073°58′12.7″ W; thence to proximate position 40°41′57.6″ N 40°43′21.5″ N 073°57′45.7″ W; (NAD 1983) 074°02′06.7″ W (NAD 1983); north of a line thence back to the point of beginning. drawn from Pier 7, Jersey City, NJ, in All vessels must be in this location by approximate position 40°41′26.4″ N 6:30 p.m. (e.s.t.) the day of the event. 074°03′17.3″ W (NAD 1983) to Liberty Is- [CGD01–00–242, 66 FR 20405, Apr. 23, 2001, as land Lighted Gong Buoy 29 (LLNR amended by CGD01–05–017, 70 FR 35536, June 34995), in approximate position 21, 2005] 40°41′02.2″ N 074°02′24.7″ W (NAD 1983), on to Governor’s Island Extension § 165.168 Safety Zones; Coast Guard Light (LLNR 35000), in approximate po- Captain of the Port New York Fire- sition 40°41′08.3″ N 074°01′35.4″ W (NAD works Displays. 1983); all waters of the East River north (a) New York Harbor. The following of a line drawn from Governors Island, areas are safety zones: in approximate position 40°41′25.3″ N (1) Liberty Island Safety Zone: All 074°00′42.5″ W (NAD 1983) to the south- waters of Upper New York Bay within west corner of Pier 9A, Brooklyn; south a 360-yard radius of the fireworks barge of a line drawn from East 47th Street, in approximate position 40°41′16.5″ N Manhattan through the southern point 074°02′23″ W (NAD 1983), located in Fed- of Roosevelt Island to 46 Road, Queens; eral Anchorage 20–C, about 360 yards and all waters of Newtown Creek west east of Liberty Island. of the Pulaski Bascule Bridge. (2) Ellis Island Safety Zone: All waters (b) Activation period. This section is of Upper New York Bay within a 360- activated annually from 6:30 p.m. until yard radius of the fireworks barge lo- 11:30 p.m. on July 4th. If the event is cated between Federal Anchorages 20–A cancelled due to inclement weather and 20–B, in approximate position then this section is in effect from 6:30 40°41′45″ N 074°02′09″ W (NAD 1983), p.m. until 11:30 p.m. on July 5th. about 365 yards east of Ellis Island. (c) Regulations. (1) The general regu- (3) South Beach, Staten Island Safety lations contained in 33 CFR 165.23 Zone: All waters of Lower New York apply. Bay within a 360-yard radius of the (2) No vessels, except the Staten Is- fireworks barge in approximate posi- land Ferries, will be allowed to transit tion 40°35′11″ N 074°03′42″ W (NAD 1983), the safety zone without the permission about 350 yards east of South Beach, of the Captain of the Port, New York. Staten Island. (3) All persons and vessels shall com- (4) Raritan Bay Safety Zone: All ply with the instructions of the Coast waters of Raritan Bay in the vicinity Guard Captain of the Port or the des- of the Raritan River Cutoff and Ward ignated on-scene patrol personnel. Point Bend (West) within a 240-yard ra- These personnel comprise commis- dius of the fireworks barge in approxi- sioned, warrant, and petty officers of mate position 40°30′04″ N 074°15′35″ W the Coast Guard. Upon being hailed by (NAD 1983), about 240 yards east of a U.S. Coast Guard vessel by siren, Raritan River Cutoff Channel Buoy 2 radio, flashing light, or other means, (LLNR 36595). the operator of a vessel shall proceed (5) Coney Island Safety Zone: All as directed. waters of Lower New York Bay within

649

VerDate Mar<15>2010 14:03 Oct 12, 2011 Jkt 223131 PO 00000 Frm 00659 Fmt 8010 Sfmt 8010 Y:\SGML\223131.XXX 223131 rfrederick on DSK29S0YB1PROD with CFR