Coast Guard, DHS § 165.166

Bridge), then northwesterly to 40°45′31″ of all the vessel’s main propulsion ma- N, 073°57′30.5″ W ( shoreline chinery. at the Queensboro Bridge), 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 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, 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 sioned, warrant, and petty officers of marine band radio, channel 22A (157.1 the Coast Guard. Upon being hailed by MHZ). a U.S. Coast Guard vessel using siren, [USCG–2010–0794, 76 FR 8656, Feb. 15, 2011] radio, flashing light, or other means, the operator of a vessel shall proceed § 165.166 Safety Zone: Macy’s July 4th as directed. Fireworks, , NY. [CGD01–98–006, 64 FR 24948, May 10, 1999, as (a) Regulated area. The following area amended by CGD01–00–146, 65 FR 47320, Aug. is a safety zone: All waters of the 2, 2000] Upper Bay south of a line drawn from Pier A (Fireboat Station § 165.165 Regulated Navigation Area; Pier), Battery Park City, in approxi- Hudson River South of the Troy mate position 40°42′15.4″ N 074°01′06.8″ W Locks, NY. (NAD 1983) to the easternmost corner (a) Regulated navigation area. All nav- of the Security Zone, in ap- igable waters of the Hudson River proximate position 40°41′57.6″ N south of the Troy Locks. 074°02′06.7″ W (NAD 1983); north of a line (b) Definitions. The following defini- drawn from Pier 7, Jersey City, NJ, in tions apply to this section: approximate position 40°41′26.4″ N (1) Designated representative means 074°03′17.3″ W (NAD 1983) to Liberty Is- any Coast Guard commissioned, war- land Lighted Gong Buoy 29 (LLNR rant, or petty officer, or a Federal, 34995), in approximate position State, or local law enforcement officer 40°41′02.2″ N 074°02′24.7″ W (NAD 1983), designated by or assisting the Captain on to Governor’s Island Extension of the Port (COTP) New York. Light (LLNR 35000), in approximate po- (2) Horsepower (HP) means the total sition 40°41′08.3″ N 074°01′35.4″ W (NAD maximum continuous shaft horsepower 1983); all waters of the East River north

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of a line drawn from , § 165.169 Safety and Security Zones: in approximate position 40°41′25.3″ N New York Marine Inspection Zone 074°00′42.5″ W (NAD 1983) to the south- and Captain of the Port Zone. west corner of Pier 9A, ; south (a) Safety and security zones. The fol- of a line drawn from East 47th Street, lowing waters within the New York Manhattan through the southern point Marine Inspection Zone and Captain of of Roosevelt Island to 46 Road, Queens; the Port Zone are safety and security and all waters of west zones: of the Pulaski Bascule Bridge. (1) Indian Point Nuclear Power Station (b) Activation period. This section is (IPNPS). All waters of the Hudson activated annually from 6:30 p.m. until River within a 300-yard radius of the 11:30 p.m. on July 4th. If the event is IPNPS pier in approximate position cancelled due to inclement weather 41°16′12.4″ N, 073°57′16.2″ W (NAD 83). then this section is in effect from 6:30 (2) U.S. Coast Guard Cutters and Shore p.m. until 11:30 p.m. on July 5th. Facilities. All waters within 100 yards (c) Regulations. (1) The general regu- of: Each moored, or anchored, Coast lations contained in 33 CFR 165.23 Guard Cutter; Coast Guard Station apply. New York, , NY; Coast (2) No vessels, except the Staten Is- Guard Station , NJ; Coast land Ferries, will be allowed to transit Guard Station Kings Point, NY; and the safety zone without the permission Coast Guard Aids to Navigation Team of the Captain of the Port, New York. New York, Bayonne, NJ. (3) All persons and vessels shall com- (3) Part 105 Facilities—(i) Definition. For the purposes of this section, Part ply with the instructions of the Coast 105 Facility means any facility subject Guard Captain of the Port or the des- to the regulations contained in 33 CFR ignated on-scene patrol personnel. part 105, including those designated as These personnel comprise commis- ‘‘Public Access Facilities’’ as defined sioned, warrant, and petty officers of in 33 CFR 101.105. For public identifica- the Coast Guard. Upon being hailed by tion purposes, all of these facilities are a U.S. Coast Guard vessel by siren, required to have signs posted along the radio, flashing light, or other means, shoreline, facing the water, indicating the operator of a vessel shall proceed that there is a 25 yard waterfront secu- as directed. rity zone surrounding the facilities. (4) Vessels equal to or greater than 20 (ii) Location. All waters within 25 meters (65.6 feet) in length, carrying yards of each Part 105 Facility. When a persons for the purpose of viewing the barge, ferry, or other commercial ves- fireworks, may take position in an area sel is conducting transfer operations at inside the safety zone, at least 200 a Part 105 Facility, the 25-yard zone is yards off the bulkhead on the west measured from the outboard side of the bank and just off the pierhead faces on commercial vessel. the east bank of the East River be- (iii) Regulations. (A) Vessels not ac- tween the Williamsburg Bridge and tively engaged in passenger, cargo, pro- North 9th Street, Brooklyn. This area vision, facility maintenance or inspec- is bound by the following points: tion, bunker transfer operations, or 40°42′45.5″ N 073°58′07.4″ W; thence to docking or undocking operations, au- 40°42′50.4″ N 073°58′23.2″ W; thence to thorized in advance by the Facility Se- 40°43′23.1″ N 073°58′12.7″ W; thence to curity Plan, Facility Security Officer 40°43′21.5″ N 073°57′45.7″ W; (NAD 1983) or designated representative, must not thence back to the point of beginning. enter within any part of a zone de- scribed in paragraph (a)(3) of this sec- All vessels must be in this location by tion without the express permission of 6:30 p.m. (e.s.t.) the day of the event. the Coast Guard Captain of the Port, a [CGD01–00–242, 66 FR 20405, Apr. 23, 2001, as designated representative or des- amended by CGD01–05–017, 70 FR 35536, June ignated on-scene patrol personnel. 21, 2005] (B) Persons seeking Captain of the Port permission to enter within a par- ticular zone for official business other

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