Special Local Regulations and Safety Zones; Recurring Events in Captain of the Port New York Zone, 69613-69622 [2011-28847]
Download as PDF
<![CDATA[
Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Rules and Regulations
summary impact statement. The
regulations implementing Executive
Order 12372 regarding
intergovernmental consultation on
Federal programs and activities do not
apply to this amendment.
Executive Order 12866
The Department is of the opinion that
controlling the import and export of
defense articles and services is a foreign
affairs function of the United States
Government and that rules governing
the conduct of this function are exempt
from the requirements of Executive
Order 12866. However, the Department
has reviewed the proposed rule to
ensure its consistency with the
regulatory philosophy and principles set
forth in the Executive Order.
Executive Order 12988
The Department of State has reviewed
the proposed amendment in light of
sections 3(a) and 3(b) (2) of Executive
Order 12988 to eliminate ambiguity,
minimize litigation, establish clear legal
standards, and reduce burden.
Executive Order 13563
The Department of State has
considered this rule in light of
Executive Order 13563, dated January
18, 2011, and affirms that this regulation
is consistent with the guidance therein.
Executive Order 13175
The Department has determined that
this rulemaking will not have tribal
implications, will not impose
substantial direct compliance costs on
Indian tribal governments, and will not
pre-empt tribal law. Accordingly, the
requirements of Executive Order 13175
do not apply to this rulemaking.
Paperwork Reduction Act
This rule does not impose any new
reporting or recordkeeping requirements
subject to the Paperwork Reduction Act,
44 U.S.C. Chapter 35.
List of Subjects in 22 CFR Part 126
Arms and munitions, Exports.
Accordingly, for the reasons set forth
above, Title 22, Chapter I, Subchapter
M, part 126 is amended as follows:
PART 126—GENERAL POLICIES AND
PROVISIONS
1. The authority citation for part 126
continues to read as follows:
jlentini on DSK4TPTVN1PROD with RULES
■
Authority: Secs. 2, 38, 40, 42, and 71, Pub.
L. 90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778,
2780, 2791, and 2797); E.O. 11958, 42 FR
4311; 3 CFR, 1977 Comp., p.79; 22 U.S.C.
2651a; 22 U.S.C. 287c; E.O. 12918, 59 FR
28205; 3 CFR, 1994 Comp., p.899; Sec. 1225,
Pub. L. 108–375; Sec. 7089, Pub. L. 111–117.
VerDate Mar<15>2010
16:26 Nov 08, 2011
Jkt 226001
2. Section 126.1 is amended by
revising paragraphs (c)(11) and (d), and
adding paragraph (v), to read as follows:
■
§ 126.1 Prohibited exports and sales to
certain countries.
*
*
*
*
*
(c) * * *
(11) The Republic of the Sudan (see
also paragraph (v) of this section).
(d) Terrorism. Exports to countries
which the Secretary of State has
determined to have repeatedly provided
support for acts of international
terrorism are contrary to the foreign
policy of the United States and are thus
subject to the policy specified in
paragraph (a) of this section and the
requirements of section 40 of the Arms
Export Control Act (22 U.S.C. 2780) and
the Omnibus Diplomatic Security and
Anti-Terrorism Act of 1986 (22 U.S.C.
4801, note). The countries in this
category are: Cuba, Iran, the Republic of
the Sudan, and Syria.
*
*
*
*
*
(v) Sudan. It is the policy of the
United States to deny licenses or other
approvals for exports or imports of
defense articles and defense services
destined for or originating in the
Republic of the Sudan, except a license
or other approval may be issued, on a
case-by-case basis, for:
(1) Supplies and related technical
training and assistance to monitoring,
verification, or peace support
operations, including those authorized
by the United Nations or operating with
the consent of the relevant parties;
(2) Supplies of non-lethal military
equipment intended solely for
humanitarian, human rights monitoring,
or protective uses and related technical
training and assistance;
(3) Personal protective gear for the
personal use of United Nations
personnel, human rights monitors,
representatives of the media, and
humanitarian and development workers
and associated personnel; or
(4) Assistance and supplies provided
in support of implementation of the
Comprehensive Peace Agreement.
Note to § 126.1. On July 9, 2011, the
Republic of South Sudan declared
independence from Sudan and was
recognized as a sovereign state by the United
States. This policy does not apply to the
Republic of South Sudan. Licenses or other
approvals for exports or imports of defense
articles and defense services destined for or
originating in the Republic of the South
Sudan will be considered on a case-by-case
basis.
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
69613
Dated: November 2, 2011.
Ellen O. Tauscher,
Under Secretary, Arms Control and
International Security, Department of State.
[FR Doc. 2011–29041 Filed 11–4–11; 8:45 am]
BILLING CODE 4710–25–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Parts 100 and 165
[Docket No. USCG–2010–1001]
RIN 1625–AA00; 1625–AA08
Special Local Regulations and Safety
Zones; Recurring Events in Captain of
the Port New York Zone
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is removing,
adding, and consolidating special local
regulations and establishing permanent
safety zones in the Coast Guard Captain
of the Port (COTP) New York Zone for
annual recurring swim events, fireworks
displays, and marine events (annual
recurring events). When these special
local regulations or safety zones are
activated and subject to enforcement,
this will restrict vessels from portions of
water areas during these annual
recurring events. The special local
regulations and safety zones will
facilitate public notification of events
and help protect the public and event
participants from the hazards associated
with these annual recurring events.
DATES: This rule is effective December 9,
2011.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2010–1001 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2010–1001 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or email LTJG Eunice James,
Coast Guard; telephone (718) 354–4163,
email Eunice.A.James@uscg.mil. If you
have questions on viewing or submitting
SUMMARY:
E:\FR\FM\09NOR1.SGM
09NOR1
69614
Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Rules and Regulations
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On June 29, 2011, we published a
notice of proposed rulemaking (NPRM)
entitled Special Local Regulations and
Safety Zones; Recurring Events in
Captain of the Port New York Zone in
the Federal Register (76 FR 125). We
received no comments on the proposed
rule. No public meeting was requested
and none was held.
jlentini on DSK4TPTVN1PROD with RULES
Basis and Purpose
The legal basis for the proposed rule
is 33 U.S.C. 1225, 1226, 1231, 1233; 46
U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; Public Law 107–295,
116 Stat. 2064; and Department of
Homeland Security Delegation No.
0170.1, which collectively authorize the
Coast Guard to define regulatory safety
zones and special local regulations.
Swim events, fireworks displays, and
marine events are held on an annual
recurring basis on the navigable waters
within the COTP New York Zone. In the
past, the Coast Guard has established
special local regulations, regulated
areas, and safety zones for these annual
recurring events on a case by case basis
to ensure the protection of the maritime
public and event participants from the
hazards associated with these events.
The Coast Guard has not received public
comments or concerns regarding the
impact to waterway traffic from these
annually recurring events.
This rule will consistently apprise the
public in a timely manner through
permanent publication in Title 33 of the
Code of Federal Regulations. The
TABLES in this regulation list each
annual recurring event requiring a
regulated area as administered by the
Coast Guard.
By establishing a permanent
regulation containing these annual
recurring events, the Coast Guard would
eliminate the need to establish
temporary rules for events that occur on
an annual basis, thereby, limiting the
costs associated with cumulative
regulations.
This rulemaking has removed, added,
and consolidated regulations that better
meet the Coast Guard’s intended
purpose of ensuring safety during these
events.
Background
The Coast Guard is adding 33 CFR
100.150 and consolidating sections 33
CFR 165.161, 165.162, 165.166, 165.168,
165.170 into a new section, 33 CFR
165.160. The rule applies to the annual
VerDate Mar<15>2010
16:26 Nov 08, 2011
Jkt 226001
recurring events listed in the attached
Tables in the COTP New York Zone.
The Tables provide the event name, and
type, as well as locations of the events.
The specific times, dates, regulated
areas, and enforcement period for each
event will be provided through the
Local Notice to Mariners, Broadcast
Notice to Mariners and online at
https://homeport.uscg.mil/newyork or
through a Notice of Enforcement
published in the Federal Register.
During enforcement periods, the
safety zones in TABLE 1 to § 165.160
will be enforced from 6 p.m. to 1 a.m.
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
on land adjacent to the shoreline, in a
location listed in the TABLE 1 to
§ 165.160. Vessels may enter, remain in,
or transit through these safety zones
during this time frame if authorized by
the COTP New York or the designated
representative.
The particular size of the safety zones
established for each event will be
reevaluated on an annual basis in
accordance with Navigational and
Vessel Inspection Circular (NVIC) 07–
02, Marine Safety at Firework Displays,
the National Fire Protection Association
Standard 1123, Code for Fireworks
Displays (30-yard distance per inch of
diameter of the fireworks mortars), and
other pertinent regulations and
publications.
This regulation will prevent vessels
from transiting areas specifically
designated as special local regulations
or safety zones during the periods of
enforcement to ensure the protection of
the maritime public and event
participants from the hazards associated
with the listed annual recurring events.
Only event sponsors, designated
participants, and official patrol vessels
will be allowed to enter regulated areas.
Spectators and other vessels not
registered as event participants may not
enter the safety zones without the
permission of the COTP or the
designated representative.
Discussion of Comments and Changes
The Coast Guard made the following
changes to the published NPRM
regulatory text:
Safety zones listed in Table 1 to
§ 165.160 have been reordered and
renumbered to more accurately reflect
their geographical locations. In the
published NPRM regulatory text, the
Rumson, NJ, Safety Zone and the Red
Bank, NJ, Safety Zone were listed under
the heading ‘‘New York Harbor’’ in
Table 1 to § 165.160 and numbered as
2.16 and 2.17. They are now listed
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
under the ‘‘Navesink River’’ heading in
Table 1 to § 165.160 and numbered 7.2
and 7.3 respectively.
Keyport, NJ, Safety Zone was not
included in the NPRM and is now listed
under the heading ‘‘Navesink River’’
and numbered as 7.1. Since The Coast
Guard has previously established a
temporary safety zone at this location in
the past and has not received public
comments or concerns regarding the
impact to waterway traffic, we decided
it should be included in this recurring
events regulation.
In the regulatory text under
§ 165.160(a), the existing text reads as
follows: ‘‘Notifications of exact dates
and times of the enforcement period
will be made to the local maritime
community through the Local Notice to
Mariners and Broadcast Notice to
Mariners or through a Notice of
Enforcement in the Federal Register
well in advance of the events’’. We
revised the text to help the public better
understand our intentions regarding
notification of enforcement of the safety
zones.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Executive Order 12866 and Executive
Order 13563
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
We expect the economic impact of
this rule to be minimal. Although this
regulation may have some impact on the
public, the potential impact will be
minimized for the following reasons:
The Coast Guard has previously
promulgated safety zones or special
local regulations, in accordance with 33
CFR Parts 100 and 165, for all event
areas contained within this regulation
and has not received notice of any
negative impact caused by any of the
safety zones or special local regulations.
By establishing a permanent regulation
containing all of these events, the Coast
Guard will eliminate the need to
establish individual temporary rules for
each separate event that occurs on an
annual basis, thereby limiting the costs
of cumulative regulations.
E:\FR\FM\09NOR1.SGM
09NOR1
Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Rules and Regulations
jlentini on DSK4TPTVN1PROD with RULES
Vessels will only be restricted from
safety zones and special local regulation
areas for a short duration of time.
Vessels may transit in portions of the
affected waterway except for those areas
covered by the regulated areas.
Notifications of exact dates and times of
the enforcement period will be made to
the local maritime community through
the Local Notice to Mariners and
Broadcast Notice to Mariners or through
a Notice of Enforcement in the Federal
Register. No new or additional
restrictions would be imposed on vessel
traffic.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule would affect the following
entities, some of which might be small
entities: Owners or operators of vessels
intending to transit, fish, or anchor in
the areas where the listed annual
recurring events are being held.
The rule would not have a significant
economic impact on a substantial
number of small entities for the
following reasons: Vessels will only be
restricted from safety zones and special
local regulation areas for a short time;
vessels may transit in portions of the
affected waterway except for those areas
covered by the regulated areas; the Coast
Guard has promulgated safety zones or
special local regulations in accordance
with 33 CFR parts 100 and 165 for all
event areas in the past and has not
received notice of any negative impact
caused by any of the safety zones or
special local regulations; notifications of
exact dates and times of the
enforcement period will be made to the
local maritime community through the
Local Notice to Mariners and Broadcast
Notice to Mariners or through a Notice
of Enforcement in the Federal Register.
No new or additional restrictions would
be imposed on vessel traffic.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM we offered to assist small
VerDate Mar<15>2010
16:26 Nov 08, 2011
Jkt 226001
entities in understanding the rule so
that they could better evaluate its effects
on them and participate in the
rulemaking process.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call
1–888–REG–FAIR (1–(888) 734–3247).
The Coast Guard will not retaliate
against small entities that question or
complain about this rule or any policy
or action of the Coast Guard.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
69615
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
E:\FR\FM\09NOR1.SGM
09NOR1
69616
Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Rules and Regulations
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34) (g) and (h) of the Instruction. This
rule involves establishment of special
local regulations and safety zones. An
environmental analysis checklist and a
categorical exclusion determination are
available in the docket where indicated
under ADDRESSES.
List of Subjects
33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR Parts 100 and 165 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for Part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add a new § 100.150 to read as
follows:
■
§ 100.150 Special Local Regulations;
Marine Events in the Coast Guard Sector
New York Captain of the Port Zone.
The following regulations apply to the
marine events listed in the TABLE to
§ 100.150. These regulations will be
enforced for the duration of each event,
on or about the dates indicated. Annual
notice of the exact dates and times of
the effective period of the regulations
with respect to each event, the
geographical area, and details
concerning the nature of the event and
the number of participants and type(s)
of vessels involved will be published in
a Local Notices to Mariners and
broadcast over VHF–FM radio. First
Coast Guard District Local Notice to
Mariners can be found at: https://
www.navcen.uscg.gov/. The Sector New
York Marine Events schedule can also
be viewed electronically at https://
www.homeport.uscg.mil/newyork.
Although listed in the Code of Federal
Regulations, sponsors of events listed in
the TABLE to § 100.150 are still
required to submit marine event
applications in accordance with 33 CFR
100.15.
(a) 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) Vessels may not transit the
regulated areas without the COTP or
designated representative approval.
Vessels permitted to transit must
operate at a no wake speed, in a manner
which will not endanger participants or
other crafts in the event.
(d) 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.
(e) The COTP or designated
representative may control the
movement of all vessels in the regulated
area. When hailed or signaled by an
official patrol vessel, a vessel shall come
to an immediate stop and comply with
the lawful directions issued. Failure to
comply with a lawful direction may
result in expulsion from the area,
citation for failure to comply, or both.
(f) 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.
(g) For all power boat races listed,
vessels not participating in this event,
swimmers, and personal watercraft of
any nature are prohibited from entering
or moving within the regulated area
unless authorized by the COTP or
designated representative. Vessels
within the regulated area must be at
anchor within a designated spectator
area or moored to a waterfront facility
in a way that will not interfere with the
progress of the event.
TABLE TO § 100.150
1.0 .............................................................................................................
jlentini on DSK4TPTVN1PROD with RULES
1.1
New York Super Boat Race ............................................................
VerDate Mar<15>2010
17:58 Nov 08, 2011
Jkt 226001
PO 00000
Frm 00016
Fmt 4700
Hudson River
• Event type: Power Boat Race.
• Date: The weekend after Labor Day.
• Location: All waters of the Lower Hudson River south of a line drawn
from the northwest corner of Pier 76 in Manhattan, New York to a
point on the New Jersey shore in Weehawken, New Jersey at approximate position 40°45′52″ N 074°01′01″ W (NAD 1983) and north
of a line connecting the following points (all coordinates are NAD
1983): 40°42′16.0″ N, 074°01′09.0″ W; thence to 40°41′55.0″ N,
074°01′16.0″ W; thence to 40°41′47.0″ N, 074°01′36.0″ W; thence to
40°41′55.0″ N, 074°01′59.0″ W; thence to 40°42′20.5″ N,
074°02′06.0″ W.
Sfmt 4700
E:\FR\FM\09NOR1.SGM
09NOR1
Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Rules and Regulations
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
3. The authority citation for Part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1225, 1226, 1231; 46
U.S.C. Chapter 701, 3306, 3703; 33 CFR 1.05–
1 and 160.5; Pub. L. 107–295, 116 Stat. 2064;
Department of Homeland Security Delegation
No. 0170.1.
4. Add a new § 165.160 to read as
follows:
■
§ 165.160 Safety Zones; Fireworks
Displays and Swim Events in Coast Guard
Captain of the Port New York Zone.
(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
§ 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 https://
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 § 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.
69617
(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 § 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 § 165.160 or modified in
USCG First District Local Notice to
Mariners at: https://
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 § 165.160.
(h) For all swim events listed in Table
2 to § 165.160, vessels not associated
with the event shall maintain a
separation of at least 100 yards from the
participants.
TABLE 1 TO § 165.160
1.0
1.1
Hudson River
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 40°46′35.43″ N, 074°00′37.53″ W in
New Jersey, to approximate position 40°46′16.98″ N, 073°59′52.34″
W in New York, thence south along the Manhattan shoreline to approximate position 40°44′48.98″ N, 074°00′41.06″ W, then west to
approximate position 40°44′55.91″ N, 074°01′24.94″ W, (NAD 83).
Then north along the New Jersey shoreline and back to the point of
origin.
jlentini on DSK4TPTVN1PROD with RULES
2.0
2.1
New York Harbor
Liberty Island Safety Zone ...............................................................
VerDate Mar<15>2010
17:58 Nov 08, 2011
Jkt 226001
PO 00000
Frm 00017
Fmt 4700
• Launch site: A barge located in approximate position 40°41′16.5″ N
074°02′23″ W (NAD 1983), located in Federal Anchorage 20–C,
about 360 yards east of Liberty Island. This Safety Zone is a 360yard radius from the barge.
Sfmt 4700
E:\FR\FM\09NOR1.SGM
09NOR1
69618
Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Rules and Regulations
TABLE 1 TO § 165.160—Continued
2.2
Ellis Island Safety Zone ...................................................................
• Launch site: A barge located between Federal Anchorages 20–A
and 20–B, in approximate position 40°41′45″ N 074°02′09″ 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 40°41′39.9″ N
074°02′33.7″ 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 Zone ........................................
• Launch site: A barge located in approximate position 40°35′11″ N
074°03′42″ 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 40°30′04″ N
074°15′35″ W (NAD 1983), about 240 yards east of Raritan River
Cutoff Channel Buoy 2 (LLNR 36595). This Safety Zone is a 240yard 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 40°34′11″ N 073°59′00″ W
(NAD 1983). This Safety Zone is a 250-yard radius from the launch
site.
2.7
Arthur Kill, Elizabeth, NJ Safety Zone .............................................
• Launch site: A land shoot located in Elizabeth, New Jersey in approximate position 40°38′50″ N 074°10′58″ 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 40°34′28.2″ N
073°50′00″ 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 40°34′19.1″ N
073°54′43.5″ 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 40°39′18.8″ N
074°04′39.1 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 Safety Zone ...................................
• Launch site: A barge located in approximate position 40°34′12″ N
074°04′29.6″ 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 Safety Zone ..............................
• Launch site: A barge located in approximate position 40°30′52.1″ N
074°10′58.8″ W (NAD 1983), approximately 540 yards east of
Wolfe′s Pond Park. This Safety Zone is a 500-yard radius from the
barge.
2.13
Ocean Breeze Fishing Pier, Staten Island Safety Zone ...............
• Launch site: A barge located in approximate position 40°34′46.3″ N
074°04′02.0″ 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 40°36′00″ N
074°01′42.5″ 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 40°41′20.32″ N
074°03′29.35″ 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.
jlentini on DSK4TPTVN1PROD with RULES
3.0
3.1
Western Long Island Sound
Peningo Neck, Western Long Island Sound safety zone ................
VerDate Mar<15>2010
16:26 Nov 08, 2011
Jkt 226001
PO 00000
Frm 00018
Fmt 4700
• Launch site: A barge located in approximate position 40°56′21″ N
073°41′23″ 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.
Sfmt 4700
E:\FR\FM\09NOR1.SGM
09NOR1
Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Rules and Regulations
69619
TABLE 1 TO § 165.160—Continued
3.2
Satans Toe, Western Long Island Sound Safety Zone ...................
• Launch Site: A barge located in approximate position 40°55′21″ N
073°43′41″ 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 Sound Safety Zone .............
• Launch site: A barge located in approximate position 40°54′45″ N
073°44′55″ 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 Island Sound Safety Zone ..........
• Launch site: A barge located in approximate position 40°57′47″ N
073°40′06″ 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 Sound Safety Zone ...................
• Launch site: A barge located in approximate position 40°53′12″ N
073°46′33″ 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 Sound Safety Zone ...................
• Launch site: A land shoot located on the east end of Orchard Beach,
New York in approximate position 40°52′10″ N 073°47′07″ W (NAD
1983). This Safety Zone is a 200-yard radius from the launch site.
3.7
Davenport Neck, Western Long Island Sound Safety Zone ...........
• Launch site: A barge located in Federal Anchorage 1–A in approximate position 40°53′46″ N 073°46′04″ 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 Zone ..................................
• Launch site: A barge located in approximate position 40°51′58″ N
073°39′34″ 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 Zone ...................................
• Launch site: A barge located in approximate position 40°49′50″ N
073°39′12″ W (NAD 1983), approximately 190 yards north of Bar
Beach, Hempstead Harbor, New York. This Safety Zone is a 180yard radius from the barge.
3.10 Larchmont Harbor (north), Western Long Island Sound Safety
Zone.
• Launch site: A barge located in approximate position 40°55′21.8″ N
073°44′21.7″ 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 Zone .......................................
• Launch site: All waters of Long Island Sound in an area bound by
the following points: 40°51′43.5″ N 073°47′36.3″ W; thence to
40°52′12.2″ N 073°47′13.6″ W; thence to 40°52′02.5″ N
073°46′47.8″ W; thence to 40°51′32.3″ N 073°47′09.9″ W (NAD
1983), thence to the point of origin.
3.12 Larchmont Harbor (south), Western Long Island Sound Safety
Zone.
• Launch site: A barge located in approximate position 40°55′16″ N
073°44′15″ 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 Sound Safety Zone .................
• Launch site: A barge located in approximate position 40°52′03″ N
073°43′39″ 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 Sound Safety Zone ....................
• Launch site: A shore launch located in approximate position
40°54′34.41″ N 073°45′56.61″ 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
jlentini on DSK4TPTVN1PROD with RULES
4.1
Wards Island, East River Safety Zone ............................................
• Launch site: A barge located in approximate position 40°46′57.8″ N
073°55′28.6″ 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 Zone ........................................
• Launch site: A barge located in approximate position 40°′44″ 24 N
073°58′00″ W (NAD 1983), approximately 785 yards south of Belmont Island. This Safety Zone is a 360-yard radius from the barge.
VerDate Mar<15>2010
17:58 Nov 08, 2011
Jkt 226001
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
E:\FR\FM\09NOR1.SGM
09NOR1
69620
Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Rules and Regulations
TABLE 1 TO § 165.160—Continued
4.3
Corlears, East River Safety Zone ....................................................
• Launch site: A barge located in approximate position 40°42′34.53″ N
073°58′33.37″ 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
Pier 60, Hudson River Safety Zone .................................................
• Launch site: A barge located in approximate position 40°44′49″ N
074°01′02″ 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 Zone .........................................
• Launch site: A barge located in approximate position 40°42′00″ N
074°01′17″ 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 Safety Zone .................................
• Launch site: A barge located in approximate position 40°42′39″ N
074°01′21″ 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 40°46′11.8″ N
074°00′14.8″ 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 Zone ........................................
• Launch site: A barge located in approximate position 40°56′14.5″ N
073°54′33″ 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 Safety Zone ...........................
• Launch site: A barge located in approximate position 40°59′44.5″ N
073°53′28″ 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 40°42′57.5″ N
074°01′34″ 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 40°44′31″ N
074°01′00″ 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 40°45′56.9″ N
074°00′25.4″ 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 Zone .....................................
• Launch site: A barge located in approximate position 41°17′16″ N
073°56′18″ W (NAD 1983), approximately 670 yards north of Travis
Point. This Safety Zone is a 360-yard radius from the barge.
5.11
jlentini on DSK4TPTVN1PROD with RULES
5.1
Jersey City, NJ, Hudson River Safety Zone ..................................
• Launch site: A barge located in approximate position 40°42′37.3″ N
074°01′41.6″ 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 Zone ...................................
• Launch site: A barge located in approximate position 41°30′01.2″ N
073°59′42.5″ W (NAD 1983), approximately 930 yards east of Newburgh, New York. This Safety Zone is a 360-yard radius from the
barge.
VerDate Mar<15>2010
16:26 Nov 08, 2011
Jkt 226001
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
E:\FR\FM\09NOR1.SGM
09NOR1
Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Rules and Regulations
69621
TABLE 1 TO § 165.160—Continued
5.13
Poughkeepsie, NY, Hudson River Safety Zone ............................
• Launch site: A barge located in approximate position 41°42′24.50″ N
073°56′44.16″ 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 40°43′30″ N
074°01′06.7″ 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 Safety Zone .................................
• Launch site: A barge located in approximate position 40°51′52″ N
073°56′24″ 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
6.1
Hutchinson River
Bronx, NY Hutchinson River Safety Zone .......................................
• Launch site: A barge located in approximate position 40°52′31″ N
073°49′24″ 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 40°26′24″ N
074°12′18″ 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 40°22′39.1″ N
074°01′07.3″ 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 40°21′20″ N
074°04′10″ 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 § 165.160
1.0
Hudson River
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:
42°00′03.7″ N, 073°56′43.1″ W; thence to 41°59′52.5″ N,
073°56′34.2″ W thence to 42°00′15.1″ N, 073°56′25.2″ W thence to
42°00′05.4″ N, 073°56′41.9″ 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 .................................................................
•
•
•
•
1.3
jlentini on DSK4TPTVN1PROD with RULES
1.1
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.
VerDate Mar<15>2010
17:58 Nov 08, 2011
Jkt 226001
PO 00000
Frm 00021
Fmt 4700
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.
Sfmt 4700
E:\FR\FM\09NOR1.SGM
09NOR1
69622
Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Rules and Regulations
TABLE 2 TO § 165.160—Continued
• This Safety Zone includes all waters within a 100-yard radius of
each participating swimmer.
2.0
2.1
East River
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
3.1
Western Long Island Sound
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 .....................................................................................
4.2
Rose Pitonof Swim.
§§ 165.161 and 165.162
• 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.
[Removed]
33 CFR Parts 100 and 165
■
6. Section 165.168 is removed.
§ 165.170
■
[Removed]
[Removed]
7. Section 165.170 is removed.
Dated: September 27, 2011.
L.L. Fagan,
Captain, U.S. Coast Guard, Captain of the
Port New York.
[FR Doc. 2011–28847 Filed 11–8–11; 8:45 am]
jlentini on DSK4TPTVN1PROD with RULES
BILLING CODE 9110–04–P
VerDate Mar<15>2010
16:26 Nov 08, 2011
Jkt 226001
expedite public notification of events,
and to ensure the protection of the
maritime public and event participants
from the hazards associated with
firework displays, boat races, and other
marine events.
[Docket No. USCG–2011–0109]
DATES:
RIN 1625–AA08; AA00
5. Sections 165.161 and 165.162 are
removed.
■
§ 165.168
• 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.
2011.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Special Local Regulations and Safety
Zones; Recurring Events in Captain of
the Port Boston Zone
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is amending
special local regulations (SLR) and
establishing permanent safety zones in
the Coast Guard Sector Boston Captain
of the Port (COTP) Zone for annually
recurring marine events. The revised
SLRs and safety zones are implemented
to reduce administrative overhead,
SUMMARY:
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
This rule is effective December 9,
Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2011–0109 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2011–0109 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
ADDRESSES:
E:\FR\FM\09NOR1.SGM
09NOR1
]]>Agencies
[Federal Register Volume 76, Number 217 (Wednesday, November 9, 2011)]
[Rules and Regulations]
[Pages 69613-69622]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28847]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 100 and 165
[Docket No. USCG-2010-1001]
RIN 1625-AA00; 1625-AA08
Special Local Regulations and Safety Zones; Recurring Events in
Captain of the Port New York Zone
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is removing, adding, and consolidating special
local regulations and establishing permanent safety zones in the Coast
Guard Captain of the Port (COTP) New York Zone for annual recurring
swim events, fireworks displays, and marine events (annual recurring
events). When these special local regulations or safety zones are
activated and subject to enforcement, this will restrict vessels from
portions of water areas during these annual recurring events. The
special local regulations and safety zones will facilitate public
notification of events and help protect the public and event
participants from the hazards associated with these annual recurring
events.
DATES: This rule is effective December 9, 2011.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2010-1001 and are available online by going to
https://www.regulations.gov, inserting USCG-2010-1001 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email LTJG Eunice James, Coast Guard; telephone (718)
354-4163, email Eunice.A.James@uscg.mil. If you have questions on
viewing or submitting
[[Page 69614]]
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On June 29, 2011, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulations and Safety Zones; Recurring
Events in Captain of the Port New York Zone in the Federal Register (76
FR 125). We received no comments on the proposed rule. No public
meeting was requested and none was held.
Basis and Purpose
The legal basis for the proposed rule is 33 U.S.C. 1225, 1226,
1231, 1233; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
Public Law 107-295, 116 Stat. 2064; and Department of Homeland Security
Delegation No. 0170.1, which collectively authorize the Coast Guard to
define regulatory safety zones and special local regulations.
Swim events, fireworks displays, and marine events are held on an
annual recurring basis on the navigable waters within the COTP New York
Zone. In the past, the Coast Guard has established special local
regulations, regulated areas, and safety zones for these annual
recurring events on a case by case basis to ensure the protection of
the maritime public and event participants from the hazards associated
with these events. The Coast Guard has not received public comments or
concerns regarding the impact to waterway traffic from these annually
recurring events.
This rule will consistently apprise the public in a timely manner
through permanent publication in Title 33 of the Code of Federal
Regulations. The TABLES in this regulation list each annual recurring
event requiring a regulated area as administered by the Coast Guard.
By establishing a permanent regulation containing these annual
recurring events, the Coast Guard would eliminate the need to establish
temporary rules for events that occur on an annual basis, thereby,
limiting the costs associated with cumulative regulations.
This rulemaking has removed, added, and consolidated regulations
that better meet the Coast Guard's intended purpose of ensuring safety
during these events.
Background
The Coast Guard is adding 33 CFR 100.150 and consolidating sections
33 CFR 165.161, 165.162, 165.166, 165.168, 165.170 into a new section,
33 CFR 165.160. The rule applies to the annual recurring events listed
in the attached Tables in the COTP New York Zone. The Tables provide
the event name, and type, as well as locations of the events. The
specific times, dates, regulated areas, and enforcement period for each
event will be provided through the Local Notice to Mariners, Broadcast
Notice to Mariners and online at https://homeport.uscg.mil/newyork or
through a Notice of Enforcement published in the Federal Register.
During enforcement periods, the safety zones in TABLE 1 to Sec.
165.160 will be enforced from 6 p.m. to 1 a.m. 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 on land adjacent to
the shoreline, in a location listed in the TABLE 1 to Sec. 165.160.
Vessels may enter, remain in, or transit through these safety zones
during this time frame if authorized by the COTP New York or the
designated representative.
The particular size of the safety zones established for each event
will be reevaluated on an annual basis in accordance with Navigational
and Vessel Inspection Circular (NVIC) 07-02, Marine Safety at Firework
Displays, the National Fire Protection Association Standard 1123, Code
for Fireworks Displays (30-yard distance per inch of diameter of the
fireworks mortars), and other pertinent regulations and publications.
This regulation will prevent vessels from transiting areas
specifically designated as special local regulations or safety zones
during the periods of enforcement to ensure the protection of the
maritime public and event participants from the hazards associated with
the listed annual recurring events. Only event sponsors, designated
participants, and official patrol vessels will be allowed to enter
regulated areas. Spectators and other vessels not registered as event
participants may not enter the safety zones without the permission of
the COTP or the designated representative.
Discussion of Comments and Changes
The Coast Guard made the following changes to the published NPRM
regulatory text:
Safety zones listed in Table 1 to Sec. 165.160 have been reordered
and renumbered to more accurately reflect their geographical locations.
In the published NPRM regulatory text, the Rumson, NJ, Safety Zone and
the Red Bank, NJ, Safety Zone were listed under the heading ``New York
Harbor'' in Table 1 to Sec. 165.160 and numbered as 2.16 and 2.17.
They are now listed under the ``Navesink River'' heading in Table 1 to
Sec. 165.160 and numbered 7.2 and 7.3 respectively.
Keyport, NJ, Safety Zone was not included in the NPRM and is now
listed under the heading ``Navesink River'' and numbered as 7.1. Since
The Coast Guard has previously established a temporary safety zone at
this location in the past and has not received public comments or
concerns regarding the impact to waterway traffic, we decided it should
be included in this recurring events regulation.
In the regulatory text under Sec. 165.160(a), the existing text
reads as follows: ``Notifications of exact dates and times of the
enforcement period will be made to the local maritime community through
the Local Notice to Mariners and Broadcast Notice to Mariners or
through a Notice of Enforcement in the Federal Register well in advance
of the events''. We revised the text to help the public better
understand our intentions regarding notification of enforcement of the
safety zones.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Executive Order 12866 and Executive Order 13563
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order.
We expect the economic impact of this rule to be minimal. Although
this regulation may have some impact on the public, the potential
impact will be minimized for the following reasons:
The Coast Guard has previously promulgated safety zones or special
local regulations, in accordance with 33 CFR Parts 100 and 165, for all
event areas contained within this regulation and has not received
notice of any negative impact caused by any of the safety zones or
special local regulations. By establishing a permanent regulation
containing all of these events, the Coast Guard will eliminate the need
to establish individual temporary rules for each separate event that
occurs on an annual basis, thereby limiting the costs of cumulative
regulations.
[[Page 69615]]
Vessels will only be restricted from safety zones and special local
regulation areas for a short duration of time. Vessels may transit in
portions of the affected waterway except for those areas covered by the
regulated areas. Notifications of exact dates and times of the
enforcement period will be made to the local maritime community through
the Local Notice to Mariners and Broadcast Notice to Mariners or
through a Notice of Enforcement in the Federal Register. No new or
additional restrictions would be imposed on vessel traffic.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule would affect the following entities, some of which
might be small entities: Owners or operators of vessels intending to
transit, fish, or anchor in the areas where the listed annual recurring
events are being held.
The rule would not have a significant economic impact on a
substantial number of small entities for the following reasons: Vessels
will only be restricted from safety zones and special local regulation
areas for a short time; vessels may transit in portions of the affected
waterway except for those areas covered by the regulated areas; the
Coast Guard has promulgated safety zones or special local regulations
in accordance with 33 CFR parts 100 and 165 for all event areas in the
past and has not received notice of any negative impact caused by any
of the safety zones or special local regulations; notifications of
exact dates and times of the enforcement period will be made to the
local maritime community through the Local Notice to Mariners and
Broadcast Notice to Mariners or through a Notice of Enforcement in the
Federal Register. No new or additional restrictions would be imposed on
vessel traffic.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-(888) 734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
[[Page 69616]]
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34) (g)
and (h) of the Instruction. This rule involves establishment of special
local regulations and safety zones. An environmental analysis checklist
and a categorical exclusion determination are available in the docket
where indicated under ADDRESSES.
List of Subjects
33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR Parts 100 and 165 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for Part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add a new Sec. 100.150 to read as follows:
Sec. 100.150 Special Local Regulations; Marine Events in the Coast
Guard Sector New York Captain of the Port Zone.
The following regulations apply to the marine events listed in the
TABLE to Sec. 100.150. These regulations will be enforced for the
duration of each event, on or about the dates indicated. Annual notice
of the exact dates and times of the effective period of the regulations
with respect to each event, the geographical area, and details
concerning the nature of the event and the number of participants and
type(s) of vessels involved will be published in a Local Notices to
Mariners and broadcast over VHF-FM radio. First Coast Guard District
Local Notice to Mariners can be found at: https://www.navcen.uscg.gov/.
The Sector New York Marine Events schedule can also be viewed
electronically at https://www.homeport.uscg.mil/newyork. Although listed
in the Code of Federal Regulations, sponsors of events listed in the
TABLE to Sec. 100.150 are still required to submit marine event
applications in accordance with 33 CFR 100.15.
(a) 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) Vessels may not transit the regulated areas without the COTP or
designated representative approval. Vessels permitted to transit must
operate at a no wake speed, in a manner which will not endanger
participants or other crafts in the event.
(d) 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.
(e) The COTP or designated representative may control the movement
of all vessels in the regulated area. When hailed or signaled by an
official patrol vessel, a vessel shall come to an immediate stop and
comply with the lawful directions issued. Failure to comply with a
lawful direction may result in expulsion from the area, citation for
failure to comply, or both.
(f) 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.
(g) For all power boat races listed, vessels not participating in
this event, swimmers, and personal watercraft of any nature are
prohibited from entering or moving within the regulated area unless
authorized by the COTP or designated representative. Vessels within the
regulated area must be at anchor within a designated spectator area or
moored to a waterfront facility in a way that will not interfere with
the progress of the event.
Table to Sec. 100.150
------------------------------------------------------------------------
------------------------------------------------------------------------
1.0.................................... Hudson River
------------------------------------------------------------------------
1.1 New York Super Boat Race........... Event type: Power Boat
Race.
Date: The weekend
after Labor Day.
Location: All waters
of the Lower Hudson River
south of a line drawn from the
northwest corner of Pier 76 in
Manhattan, New York to a point
on the New Jersey shore in
Weehawken, New Jersey at
approximate position
40[deg]45'52'' N
074[deg]01'01'' W (NAD 1983)
and north of a line connecting
the following points (all
coordinates are NAD 1983):
40[deg]42'16.0'' N,
074[deg]01'09.0'' W; thence to
40[deg]41'55.0'' N,
074[deg]01'16.0'' W; thence to
40[deg]41'47.0'' N,
074[deg]01'36.0'' W; thence to
40[deg]41'55.0'' N,
074[deg]01'59.0'' W; thence to
40[deg]42'20.5'' N,
074[deg]02'06.0'' W.
------------------------------------------------------------------------
[[Page 69617]]
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
3. The authority citation for Part 165 continues to read as follows:
Authority: 33 U.S.C. 1225, 1226, 1231; 46 U.S.C. Chapter 701,
3306, 3703; 33 CFR 1.05-1 and 160.5; Pub. L. 107-295, 116 Stat.
2064; Department of Homeland Security Delegation No. 0170.1.
0
4. Add a new Sec. 165.160 to read as follows:
Sec. 165.160 Safety Zones; Fireworks Displays and Swim Events in
Coast Guard Captain of the Port New York Zone.
(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 https://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: https://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
40[deg]46'35.43'' N,
074[deg]00'37.53'' W in New
Jersey, to approximate
position 40[deg]46'16.98'' N,
073[deg]59'52.34'' W in New
York, thence south along the
Manhattan shoreline to
approximate position
40[deg]44'48.98'' N,
074[deg]00'41.06'' W, then
west to approximate position
40[deg]44'55.91'' N,
074[deg]01'24.94'' 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 40[deg]41'16.5'' N
074[deg]02'23'' 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.
------------------------------------------------------------------------
[[Page 69618]]
2.2 Ellis Island Safety Zone........... Launch site: A barge
located between Federal
Anchorages 20-A and 20-B, in
approximate position
40[deg]41'45'' N
074[deg]02'09'' 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 40[deg]41'39.9'' N
074[deg]02'33.7'' 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
Zone. located in approximate
position 40[deg]35'11'' N
074[deg]03'42'' 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 40[deg]30'04'' N
074[deg]15'35'' 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
40[deg]34'11'' N
073[deg]59'00'' 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
Zone. shoot located in Elizabeth,
New Jersey in approximate
position 40[deg]38'50'' N
074[deg]10'58'' 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 40[deg]34'28.2'' N
073[deg]50'00'' 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 40[deg]34'19.1'' N
073[deg]54'43.5'' 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 40[deg]39'18.8'' N
074[deg]04'39.1 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
Safety Zone. located in approximate
position 40[deg]34'12'' N
074[deg]04'29.6'' 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
Safety Zone. located in approximate
position 40[deg]30'52.1'' N
074[deg]10'58.8'' W (NAD
1983), approximately 540 yards
east of Wolfe's Pond Park.
This Safety Zone is a 500-yard
radius from the barge.
------------------------------------------------------------------------
2.13 Ocean Breeze Fishing Pier, Staten Launch site: A barge
Island Safety Zone. located in approximate
position 40[deg]34'46.3'' N
074[deg]04'02.0'' 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 40[deg]36'00'' N
074[deg]01'42.5'' 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 40[deg]41'20.32'' N
074[deg]03'29.35'' 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
Sound safety zone. located in approximate
position 40[deg]56'21'' N
073[deg]41'23'' 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.
------------------------------------------------------------------------
[[Page 69619]]
3.2 Satans Toe, Western Long Island Launch Site: A barge
Sound Safety Zone. located in approximate
position 40[deg]55'21'' N
073[deg]43'41'' 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
Sound Safety Zone. located in approximate
position 40[deg]54'45'' N
073[deg]44'55'' 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
Island Sound Safety Zone. located in approximate
position 40[deg]57'47'' N
073[deg]40'06'' 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
Sound Safety Zone. located in approximate
position 40[deg]53'12'' N
073[deg]46'33'' 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
Sound Safety Zone. shoot located on the east end
of Orchard Beach, New York in
approximate position
40[deg]52'10'' N
073[deg]47'07'' 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
Sound Safety Zone. located in Federal Anchorage 1-
A in approximate position
40[deg]53'46'' N
073[deg]46'04'' 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
Zone. located in approximate
position 40[deg]51'58'' N
073[deg]39'34'' 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
Zone. located in approximate
position 40[deg]49'50'' N
073[deg]39'12'' 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
Long Island Sound Safety Zone. located in approximate
position 40[deg]55'21.8'' N
073[deg]44'21.7'' 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
Zone. waters of Long Island Sound in
an area bound by the following
points: 40[deg]51'43.5'' N
073[deg]47'36.3'' W; thence to
40[deg]52'12.2'' N
073[deg]47'13.6'' W; thence to
40[deg]52'02.5'' N
073[deg]46'47.8'' W; thence to
40[deg]51'32.3'' N
073[deg]47'09.9'' W (NAD
1983), thence to the point of
origin.
------------------------------------------------------------------------
3.12 Larchmont Harbor (south), Western Launch site: A barge
Long Island Sound Safety Zone. located in approximate
position 40[deg]55'16'' N
073[deg]44'15'' 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
Sound Safety Zone. located in approximate
position 40[deg]52'03'' N
073[deg]43'39'' 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
Sound Safety Zone. launch located in approximate
position 40[deg]54'34.41'' N
073[deg]45'56.61'' 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
Zone. located in approximate
position 40[deg]46'57.8'' N
073[deg]55'28.6'' 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
Zone. located in approximate
position 40[deg]'44'' 24 N
073[deg]58'00'' W (NAD 1983),
approximately 785 yards south
of Belmont Island. This Safety
Zone is a 360-yard radius from
the barge.
------------------------------------------------------------------------
[[Page 69620]]
4.3 Corlears, East River Safety Zone... Launch site: A barge
located in approximate
position 40[deg]42'34.53'' N
073[deg]58'33.37'' 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 40[deg]44'49'' N
074[deg]01'02'' 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
Zone. located in approximate
position 40[deg]42'00'' N
074[deg]01'17'' 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
Safety Zone. located in approximate
position 40[deg]42'39'' N
074[deg]01'21'' 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 40[deg]46'11.8'' N
074[deg]00'14.8'' 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
Zone. located in approximate
position 40[deg]56'14.5'' N
073[deg]54'33'' 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
Safety Zone. located in approximate
position 40[deg]59'44.5'' N
073[deg]53'28'' 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 40[deg]42'57.5'' N
074[deg]01'34'' 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 40[deg]44'31'' N
074[deg]01'00'' 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 40[deg]45'56.9'' N
074[deg]00'25.4'' 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
Zone. located in approximate
position 41[deg]17'16'' N
073[deg]56'18'' 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
Safety Zone. located in approximate
position 40[deg]42'37.3'' N
074[deg]01'41.6'' 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
Zone. located in approximate
position 41[deg]30'01.2'' N
073[deg]59'42.5'' W (NAD
1983), approximately 930 yards
east of Newburgh, New York.
This Safety Zone is a 360-yard
radius from the barge.
------------------------------------------------------------------------
[[Page 69621]]
5.13 Poughkeepsie, NY, Hudson River Launch site: A barge
Safety Zone. located in approximate
position 41[deg]42'24.50'' N
073[deg]56'44.16'' 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 40[deg]43'30'' N
074[deg]01'06.7'' 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
Safety Zone. located in approximate
position 40[deg]51'52'' N
073[deg]56'24'' 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
Zone. located in approximate
position 40[deg]52'31'' N
073[deg]49'24'' 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
40[deg]26'24'' N
074[deg]12'18'' W (NAD 1983),
approxi
