Safety Zones; Recurring Fireworks Displays and Swim Events in Coast Guard Sector New York Zone, 28444-28450 [2023-09361]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Proposed Rules]
[Pages 28444-28450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09361]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0075]
RIN 1625-AA00


Safety Zones; Recurring Fireworks Displays and Swim Events in 
Coast Guard Sector New York Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is proposing to revise its regulations for 
permanent safety zones in the Coast Guard Sector New York Captain of 
the Port Zone for recurring fireworks displays and swim events. Our 
proposed revision would update the list of events, alter the means of 
notification, and clarify the function of these safety zone 
regulations. The establishment of the proposed safety zones is 
necessary to protect event participants, waterway users, and vessels 
from the potential hazards associated with these recurring organized 
water events. When subject to enforcement, no person is authorized to 
access the proposed safety zones without permission from the Captain of 
the Port (COTP) or the COTP's designated representative. We invite your 
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 5, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0075 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking contact MSTC Stacy Stevenson, Waterways Management 
Division, U.S. Coast Guard by telephone at 718-354-4197 or email at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port New York Zone
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    Swim events and fireworks displays are held on an annual recurring 
basis on the navigable waters within the Coast Guard Sector New York 
Captain of the Port Zone. The Coast Guard has established safety zones 
for some of these annually recurring events to ensure the protection of 
the maritime public and event participants from associated potential 
hazards.
    The current list of annual and recurring safety zones in the 
Captain of the Port New York Zone (COTP) appears in 33 CFR 165.160 in 
Tables 1 and 2, for fireworks displays and swim events, respectively. 
Those tables were established by a final rule entitled ``Special Local 
Regulations and Safety Zones; Recurring Events in Captain of the Port 
New York Zone'' published in the Federal Register on November 9, 2011 
(76 FR 69613).
    The Coast Guard proposes to amend and update the safety zone 
regulations in 33 CFR 165.160 in Tables 1 and 2 to include the most up-
to-date list of recurring safety zones for events held on navigable 
waters within the COTP. These events include fireworks displays and 
swim events that require a limited access area to restrict vessel 
traffic for safety purposes. The current lists in Tables 1 and 2 need 
to be amended to provide new information on existing safety zones, to 
add new safety zones, and to remove safety zones that are no longer 
required. The proposed rule would also consolidate all barge-based 
fireworks displays in Table 1 to section 165.160 to one row 
encompassing the COTP in its entirety, and replace separate entries for 
events with fixed locations.
    This proposed rule would also change the parameters of the safety 
zone area for swim events in Table 2 to 33 CFR 165.160 from all 
navigable waters within a 100-yard radius of each participating 
swimmer, as listed in the initial rule (76 FR 69613), to geographic 
coordinates that encompass the entire swim course. The COTP has 
determined that it is in the interest of safety for participants of 
swim events and other waterway users to establish a safety zone around 
the pre-determined course

[[Page 28445]]

vice the individual swimmer to better address and provide notice of 
potential hazards.
    Lastly, this rulemaking amends section 165.160 to reorganize the 
text to a more understandable format. The phone number of the Sector 
New York Command Center is updated. The method to announce the 
enforcement details of the safety zones in Tables 1 and 2 to 33 CFR 
165.160 is proposed to be changed from Notice of Enforcement in the 
Federal Register to be by marine broadcasts, local notice to mariners, 
local news media, distribution in leaflet form, or by an on-scene oral 
notice.
    The purpose of this rulemaking is to ensure the safety of vessels, 
event participants, and the navigable waters before, during, and after 
a scheduled event. The Coast Guard is proposing this rulemaking under 
authority in 46 U.S.C. 70034.
    The Coast Guard encourages the public to participate in this 
proposed rulemaking through the comment process so that any necessary 
changes can be identified and implemented in a timely and efficient 
manner. The Coast Guard will address all public comments accordingly, 
whether through response, additional revision to the regulation, or 
otherwise.

III. Discussion of Proposed Rule

    The revision of Table 1 and Table 2 to section 165.160 would 
establish recurring safety zones in the COTP that will prohibit entry 
into those safety zones without permission of the Captain of the Port 
to protect spectators, mariners, and other persons and property from 
potential hazards presented during the firework display or swim event 
associated with the safety zone.
    The safety zones in Table 1 to section 165.160 for fireworks 
displays will be subject to enforcement for approximately 1 hour 
between 6 p.m. until 1 a.m. when either--
     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 section 
165.160.
    This proposed rule would update Table 1 section 165.160 to 
consolidate all fireworks displays launched from a barge location to 
one consolidated row, removing entries 2.1-2.5, 2.8-2.15, 3.1-3.5, 3.7-
3.10, 3.12-3.14, 4.1-4.3, 5.1-5.15, 6.1, and 7.1-7.3. This entry is 
proposed as follows:

                       Table 1 to section 165.160
------------------------------------------------------------------------
               1.0 Event                           Location \1\
------------------------------------------------------------------------
1.4 Barge Based Fireworks Displays.....  All waters within the Sector
                                          New York COTP Zone within a
                                          500-yard radius of a firework
                                          barge or barges used during
                                          the storage, preparation, and
                                          launching of fireworks.
------------------------------------------------------------------------
\1\ All coordinates listed in Table 1 to section 165.01-165.160
  reference Datum NAD 1983.

    This proposed rule also removes the following safety zones from the 
existing Table 1 to section 165.160: entry 2.6, Coney Island Safety 
Zone, entry 3.11, Orchard Beach, The Bronx Safety Zone, entry 3.14 Echo 
Bay, Western Long Island Sound Safety Zone, and entry 4.4 Seaport, East 
River Safety Zone.
    We are proposing to replace Table 1 to section 165.160 with the 
following Table 1:

------------------------------------------------------------------------
               1.0 Event                           Location \1\
------------------------------------------------------------------------
1.1 Twin Island, Long Island Sound       Launch Site: A land shoot
 Safety Zone.                             located on the east end of
                                          Orchard Beach, NY, in
                                          approximate position
                                          40[deg]52'10'' N,
                                          073[deg]47'07'' W. This Safety
                                          Zone includes navigable waters
                                          within a 200-yard radius from
                                          the launch site.
1.2 Arthur Kill, Elizabeth, NJ Safety    Launch Site: A land shoot
 Zone.                                    located in Elizabeth, NJ, in
                                          approximate position
                                          40[deg]38'50'' N,
                                          074[deg]10'58'' W. This Safety
                                          Zone includes navigable waters
                                          within a 150-yard radius from
                                          the launch site.
1.3 Wards Island, East River, NY,        Launch Site: A land shoot
 Safety Zone.                             located on Wards Island in
                                          approximate position
                                          40[deg]46'57'' N
                                          073[deg]55'28'' W,
                                          approximately 330 yards north
                                          of the Robert F. Kennedy
                                          Bridge (Triborough Bridge).
                                          This Safety Zone includes
                                          navigable waters within a 200-
                                          yard radius from the launch
                                          site.
1.4 Barge Based Fireworks Displays.....  All waters within the Sector
                                          New York COTP Zone within an
                                          area up to a 500-yard radius
                                          of a firework barge or barges
                                          used during the storage,
                                          preparation, and launching of
                                          fireworks.
------------------------------------------------------------------------
\1\ All coordinates listed in Table 1 to section 165.01-165.160
  reference Datum NAD 1983.

    This rule would also completely replace Table 2 to section 165.160 
with new swim events and their respective locations. The area for these 
safety zones is also more specifically defined through coordinates to 
encompass the event course as opposed to a zone within a 100-yard 
radius of each participating swimmer as it was previously defined in 
Table 2 to section 165.160. Using coordinates to clearly identify the 
area in and around the pre-determined courses that the participating 
swimmers will stay within increases their safety and the safety of 
others using the waterway by providing sufficient notice of enforced 
areas.

[[Page 28446]]



                 Swim Events--Table 2 to Section 165.160
------------------------------------------------------------------------
             1.0 Event                   Hudson river upper bay \2\
------------------------------------------------------------------------
1.1 Hudson River, Ulster, NY, Swim  Date: The first weekend after the
                                     4th of July.
                                    Location: The safety zone includes
                                     all navigable waters of the Hudson
                                     River in the vicinity of Ulster
                                     Landing, bound by the following
                                     coordinates:
                                    42[deg]00'03.7'' N,
                                     073[deg]56'43.1'' W, thence to
                                     41[deg]59'52.5'' N,
                                     073[deg]56'34.2'' W, to
                                    42[deg]00'15.1'' N,
                                     073[deg]56'25.2'' W, to
                                    42[deg]00'05.4'' N,
                                     073[deg]56'41.9'' W, thence along
                                     the shoreline to the point of
                                     origin.
1.2 Hudson River, Nyack to          Date: 2nd weekend in September
 Kingsland Point Swim.              Location: The safety zone includes
                                     all navigable waters of the Hudson
                                     River between Nyack, NJ and the
                                     Tarrytown Lighthouse bound by the
                                     following coordinates:
                                    41[deg]05'10.7'' N, 073[deg]55'03''
                                     W, thence to
                                    41[deg]05'02'' N, 073[deg]52'25'' W,
                                     to
                                    41[deg]05'19'' N, 073[deg]52'22'' W,
                                     to
                                    41[deg]05'25'' N, 073[deg]54'51'' W,
                                     thence along the shoreline to the
                                     point of origin.
1.3 Navy Seal Swim, New York        Date: One Saturday or Sunday in
 Harbor.                             August
                                    Location: The safety zone includes
                                     all navigable waters bound by the
                                     following coordinates:
                                    40[deg]41'26'' N,
                                     74[deg]03'17''W,thence to
                                    40[deg]41'02'' N, 74[deg]02'25''W,
                                     to
                                    40[deg]41'40'' N, 74[deg]02'00''W,
                                     to
                                    40[deg]42'25'' N, 74[deg]01'08''W,
                                     to
                                    40[deg]42'28'' N, 74[deg]01'07''W,
                                     to
                                    40[deg]41'57'' N, 74[deg]02'07''W,
                                     to
                                    40[deg]41'40'' N, 74[deg]02'30''W,
                                     to
                                    40[deg]41'24'' N, 74[deg]02'27''W,
                                     to
                                    40[deg]41'12'' N, 74[deg]02'38''W,
                                     to
                                    40[deg]41'29'' N, 74[deg]03'15''W,
                                     thence
                                    back to the point of origin.
1.4 Hudson River, Newburgh to       Date: One Saturday or Sunday in July
 Beacon Swim.                       Location: The safety zone includes
                                     all navigable waters of the Hudson
                                     River between Newburgh and Beacon,
                                     NY bound by the following
                                     coordinates:
                                    41[deg]30'24.2'' N, 074[deg]0'17.4''
                                     W, thence to
                                    41[deg]30'27.8'' N,
                                     073[deg]59'16.8'' W, to
                                    41[deg]30'11.6'' N,
                                     073[deg]59'19.9'' W, to
                                    41[deg]30'03.4'' N, 074[deg]0'17.2''
                                     W, thence north along the shoreline
                                     to the point of origin.
1.5 Long Island Sound, Horseshoe    Date: 4th weekend in July and 2nd
 Harbor Swim.                        weekend in August.
                                    Location: The safety zone includes
                                     all navigable waters of the Long
                                     Island Sound bound by the following
                                     coordinates:
                                    40[deg]55'32'' N, 73[deg]44'37'' W,
                                     thence southeast to
                                    40[deg]55'28'' N, 73[deg]44'14'' W,
                                     to
                                    40[deg]55'01'' N, 73[deg]43'59'' W,
                                     to
                                    40[deg]54'01'' N, 73[deg]44'17'' W,
                                     to
                                    40[deg]54'48'' N, 73[deg]45'10'' W,
                                     thence along the shoreline back to
                                     the point of origin.
1.6 New York Harbor, Liberty        Date: One Weekend in July
 Island to Morris Canal Swim.       Location: The safety zone includes
                                     all navigable waters of the New
                                     York Harbor bound by the following
                                     coordinates:
                                    40[deg]41'27'' N, 74[deg]02'25'' W,
                                     thence to
                                    40[deg]41'22'' N, 74[deg]02'13'' W,
                                     to
                                    40[deg]41'36'' N, 74[deg]02'04'' W,
                                     to
                                    40[deg]42'39'' N, 74[deg]01'42'' W,
                                     to
                                    40[deg]42'42'' N, 74[deg]02'05'' W,
                                     to
                                    40[deg]42'31'' N, 74[deg]01'55'' W,
                                     thence back to the point of origin.
------------------------------------------------------------------------
\2\ All coordinates listed in Table 2 to section 165.01-165.160
  reference Datum NAD 1983.

    This proposed regulation would prevent vessels from transiting 
areas specifically designated as safety zones during the periods they 
are subject to enforcement. This is to ensure the protection of the 
maritime public and event participants from the hazards associated with 
the listed organized water events. Only event sponsors, designated 
participants of swim events, and official patrol vessels would be 
allowed to enter safety zones without needing to seek permission. 
Spectators and other vessels not registered as swim event participants 
may not enter the safety zones without the permission of the COTP or 
the Designated Representative.
    The proposed rule also reorganizes the text of section 165.160 be 
more understandable to the reader. The phone number of the Sector New 
York Command Center is updated to 718-354-4356. Lastly, the prior rule 
making established that the exact dates and times of the enforcement 
period for the safety zones in Tables 1 and 2 to 165.160 would be 
through a Notice of Enforcement in the Federal Register. This proposed 
rule updates the method to provide notice regarding the enforcement 
location, time, date, and any alterations to be conducted via marine 
broadcasts, local notice to mariners, local news media, distribution in 
leaflet form, or by an on-scene oral notice.
    The regulatory text we are proposing appears at the end of this 
document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive orders as 
well as discuss First Amendment rights of protestors.

[[Page 28447]]

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This NPRM has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM 
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the ability of 
other waterway users to safely transit around the safety zones in many 
cases, and the size and duration of the safety zones would impact a 
small, designated area of the waterway for a relatively short period of 
time. Moreover, the Coast Guard would notify mariners of the 
enforcement via marine broadcasts, local notice to mariners, local news 
media, distribution in leaflet form, by an on-scene oral notice, or 
signage as appropriate. The rule would also allow vessels to seek 
permission to enter the zone if necessary.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the proposed rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please call or email the person listed in the 
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not 
retaliate against small entities that question or complain about this 
proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132 
(Federalism), if it has a substantial direct effect on the States, on 
the relationship between the National Government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section.

E. 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 proposed rule would not 
result in such an expenditure, we do discuss the potential effects of 
this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning COMDTINST 5090.1 (series), 
which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule is for the 
establishment of safety zones located in the immediate vicinity of 
various marine events and that will each be enforced for a relatively 
short duration. Normally such actions are categorically excluded from 
further review under paragraph L60(a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 1. A preliminary Record of 
Environmental Consideration supporting this determination is available 
in the docket. For instructions on locating the docket, see the 
ADDRESSES section of this preamble. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision-Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2023-0075 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION

[[Page 28448]]

CONTACT section of this proposed rule for alternate instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. We review all comments received, but we will only 
post comments that address the topic of the proposed rule. We may 
choose not to post off-topic, inappropriate, or duplicate comments that 
we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard is 
proposing to amend 33 CFR part 165 as follows:

PART 165-REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.

0
2. Revise Sec.  165.160 to read as follows:


Sec.  165.160  Safety Zones; Recurring Fireworks Displays and Swim 
Events Held in Coast Guard Sector New York Zone.

    (a) Regulations. The general regulations in subpart C of this part 
as well as the following regulations apply to the safety zones 
associated with the recurring fireworks displays and swim events listed 
in Tables 1 or 2 to this section, respectively.
    (1) Under the general safety zone regulations in subpart C of this 
part, no person may enter the safety zone described in Table 1 or 2 of 
this section unless authorized by the Captain of the Port (COTP) or the 
COTP's Designated Representative.
    (2) To seek permission to enter the designated safety zone, contact 
the COTP or the COTP's Designated Representative via VHF-FM Marine 
Channel 16, or by contacting the Coast Guard Sector New York command 
center at 718-354-4356.
    (3) Event organizers must ensure that fireworks barges have signage 
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.
    (4) Shore sites used in these locations will display a sign labeled 
``Fireworks--Stay Away'' with the same dimensions.
    (b) Definitions. As used in this section:
    Designated representative means any Coast Guard commissioned, 
warrant or petty officer of the U.S. Coast Guard who has been 
designated by the Captain of the Port 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.
    Official Patrol Vessels means any Coast Guard, Coast Guard 
Auxiliary, state, or local law enforcement vessels assigned as an on- 
scene representative or approved by the COTP.
    Spectators means all persons and vessels not registered with the 
event sponsor as participants or official patrol vessels.
    (c) Enforcement periods. (1) Safety zones for fireworks-display 
events listed in Table 1 of this section will be subject to enforcement 
for approximately 1 hour between 6 p.m. to 1 a.m. when 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.
    (2) The regulations in this section will be subject to enforcement 
for the duration of each event on or about the dates indicated in Table 
2 of this section.
    (3) For events in Tables 1 and 2 that do not have a date or 
location listed, or if the event occurs on a date or location other 
than the one that is listed, then exact dates and times of the 
enforcement period will be announced via marine broadcast, local notice 
to mariners, distribution in leaflet form, local news media, or by an 
on-scene oral notice as appropriate.
    (4) Notifications of enforcement times for events listed in Table 1 
and 2, including any changes to the enforcement dates or times listed 
in this section, may be made via marine broadcasts, local notice to 
mariners, local news media, distribution in leaflet form, or by an on-
scene oral notice and signage.
    (d) Location. If the specific location of a safety zone for 
fireworks displays is not listed in Table 1, an announcement will be 
made by marine broadcast, local notice to mariners, distribution in 
leaflet form, local news media, or by an on-scene oral notice as 
appropriate. The specific location of swim event safety zones are 
listed in Table 2. Any modification to the location of safety zones 
described in this section will be listed in USCG First District Local 
Notice to Mariners at: https://www.navcen.uscg.gov/.

              Fireworks Displays--Table 1 to Sec.   165.160
------------------------------------------------------------------------
               1.0 Event                           Location \1\
------------------------------------------------------------------------
1.1 Twin Island, Long Island Sound       Launch Site: A land shoot
 Safety Zone.                             located on the east end of
                                          Orchard Beach, NY, in
                                          approximate position
                                          40[deg]52'10'' N,
                                          073[deg]47'07'' W. This Safety
                                          Zone includes navigable waters
                                          within a 200-yard radius from
                                          the launch site.
1.2 Arthur Kill, Elizabeth, NJ Safety    Launch Site: A land shoot
 Zone.                                    located in Elizabeth, NJ, in
                                          approximate position
                                          40[deg]38'50'' N,
                                          074[deg]10'58'' W. This Safety
                                          Zone includes navigable waters
                                          within a 150-yard radius from
                                          the launch site.
1.3 Wards Island, East River, NY Safety  Launch Site: A land shoot
 Zone.                                    located on Wards Island in
                                          approximate position
                                          40[deg]46'57'' N,
                                          073[deg]55'28'' W,
                                          approximately 330 yards north
                                          of the Robert F. Kennedy
                                          Bridge (Triborough Bridge).
                                          This Safety Zone includes
                                          navigable waters within a 200-
                                          yard radius from the launch
                                          site.

[[Page 28449]]

 
1.4 Barge Based Fireworks Displays.....  All waters within the Sector
                                          New York COTP Zone within an
                                          area up to a 500-yard radius
                                          of a firework barge or barges
                                          used during the storage,
                                          preparation, and launching of
                                          fireworks.
------------------------------------------------------------------------
\1\ All coordinates listed in Table 1 to Sec.   165.01-165.160 reference
  Datum NAD 1983.


                 Swim Events--Table 2 to Sec.   165.160
------------------------------------------------------------------------
               1.0 Event                        Date/Location \2\
------------------------------------------------------------------------
1.1 Hudson River, Ulster, NY, Swim.....  Date: The first weekend after
                                          the 4th of July.
                                         Location: The safety zone
                                          includes all navigable waters
                                          of the Hudson River in the
                                          vicinity of Ulster Landing,
                                          bound by the following
                                          coordinates:
                                         42[deg]00'03.7'' N,
                                          073[deg]56'43.1'' W, thence to
                                         41[deg]59'52.5'' N,
                                          073[deg]56'34.2'' W, to
                                         42[deg]00'15.1'' N,
                                          073[deg]56'25.2'' W, to
                                         42[deg]00'05.4'' N,
                                          073[deg]56'41.9'' W, thence
                                          along the shoreline to the
                                          point of origin.
1.2 Hudson River, Nyack to Kingsland     Date: 2nd weekend in September.
 Point Swim.                             Location: The safety zone
                                          includes all navigable waters
                                          of the Hudson River between
                                          Nyack, NJ and the Tarrytown
                                          Lighthouse bound by the
                                          following coordinates:
                                         41[deg]05'10.7'' N,
                                          073[deg]55'03'' W, thence to
                                         41[deg]05'02'' N,
                                          073[deg]52'25'' W, to
                                         41[deg]05'19'' N,
                                          073[deg]52'22'' W, to
                                         41[deg]05'25'' N,
                                          073[deg]54'51'' W thence along
                                          the shoreline to the point of
                                          origin.
1.3 Navy Seal Swim, New York Harbor....  Date: One Saturday or Sunday in
                                          August.
                                         Location: The safety zone
                                          includes all navigable waters
                                          bound by the following
                                          coordinates:
                                         40[deg]41'26'' N,
                                          74[deg]03'17''W,thence to
                                         40[deg]41'02'' N,
                                          74[deg]02'25''W, to
                                         40[deg]41'40'' N,
                                          74[deg]02'00''W, to
                                         40[deg]42'25'' N,
                                          74[deg]01'08''W, to
                                         40[deg]42'28'' N,
                                          74[deg]01'07''W, to
                                         40[deg]41'57'' N,
                                          74[deg]02'07''W, to
                                         40[deg]41'40'' N,
                                          74[deg]02'30''W, to
                                         40[deg]41'24'' N,
                                          74[deg]02'27''W, to
                                         40[deg]41'12'' N,
                                          74[deg]02'38''W, to
                                         40[deg]41'29'' N,
                                          74[deg]03'15''W, thence
                                         back to the point of origin.
1.4 Hudson River, Newburgh to Beacon     Date: One Saturday or Sunday in
 Swim.                                    July.
                                         Location: The safety zone
                                          includes all navigable waters
                                          of the Hudson River between
                                          Newburgh and Beacon, NY bound
                                          by the following coordinates:
                                         41[deg]30'24.2'' N,
                                          074[deg]0'17.4'' W, thence to
                                         41[deg]30'27.8'' N,
                                          073[deg]59'16.8'' W, to
                                         41[deg]30'11.6'' N,
                                          073[deg]59'19.9'' W, to
                                         41[deg]30'03.4'' N,
                                          074[deg]0'17.2'' W, thence
                                          north along the shoreline to
                                          the point of origin.
1.5 Long Island Sound, Horseshoe Harbor  Date: 4th weekend in July and
 Swim.                                    2nd weekend in August.
                                         Location: The safety zone
                                          includes all navigable waters
                                          of the Long Island Sound bound
                                          by the following coordinates:
                                         40[deg]55'32'' N,
                                          73[deg]44'37'' W, thence
                                          southeast to
                                         40[deg]55'28'' N,
                                          73[deg]44'14'' W, to
                                         40[deg]55'01'' N,
                                          73[deg]43'59'' W, to
                                         40[deg]54'01'' N,
                                          73[deg]44'17'' W, to
                                         40[deg]54'48'' N,
                                          73[deg]45'10'' W, thence along
                                          the shoreline back to the
                                          point of origin.
1.6 New York Harbor, Liberty Island to   Date: One weekend in July.
 Morris Canal Swim.                      Location: The safety zone
                                          includes all navigable waters
                                          of the New York Harbor bound
                                          by the following coordinates:
                                         40[deg]41'27'' N,
                                          74[deg]02'25'' W, thence to
                                         40[deg]41'22'' N,
                                          74[deg]02'13'' W, to
                                         40[deg]41'36'' N,
                                          74[deg]02'04'' W, to
                                         40[deg]42'39'' N,
                                          74[deg]01'42'' W, to
                                         40[deg]42'42'' N,
                                          74[deg]02'05'' W, to
                                         40[deg]42'31'' N,
                                          74[deg]01'55'' W, thence back
                                          to the point of origin.
------------------------------------------------------------------------
\2\ All coordinates listed in Table 2 to Sec.   165.01-165.160 reference
  Datum NAD 1983.



[[Page 28450]]

    Dated: April 27, 2023.
Z. Merchant,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2023-09361 Filed 5-3-23; 8:45 am]
BILLING CODE 9110-04-P