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(continued)

(3) All coordinates are North American Datum 1983.

(b) Special regulation. Section 165.33 does not apply to public vessels when operating in Security Zone A, or to vessels owned by, under hire to, or performing work for the Electric Boat Division when operating in Security Zone A.

[CGD 79–034, 47 FR 29660, July 8, 1982, as amended by COTP 83–01, 48 FR 33264, July 21, 1983; CGD3–83–29, 48 FR 51622, Nov. 10, 1983; CGD3–84–26, 49 FR 40405, Oct. 16, 1984; CGD3–86–56, 52 FR 17296, May 7, 1987. Redesignated by CGD 87–008b, 52 FR 25218, July 6, 1987; CDG3 86–56, 52 FR 44107, Nov. 18, 1987; CGD01–97–104, 62 FR 51782, Oct. 3, 1997; CGD01–03–012, 69 FR 4244, Jan. 29, 2004]

§ 165.141 Safety Zone: Sunken vessel EMPIRE KNIGHT, Boon Island, ME.
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(a) Location. The following area is a safety zone: All waters of the Atlantic Ocean within a 1,000 yard radius of the stern section of the sunken vessel EMPIRE KNIGHT, in approximate position 43°06'19" N, 70°27'09" W, (NAD 1983) and extending from the water's surface to the seabed floor.

(b) Effective date. This section is effective on August 23, 1996, twenty-four hours a day, seven days a week.

(c) Regulations. (1) The general regulations contained in 33 CFR 165.23 apply.

(2) All vessels and persons are prohibited from anchoring, diving, dredging, dumping, fishing, trawling, laying cable, or conducting salvage operations in this zone except as authorized by the Coast Guard Captain of the Port, Portland, Maine. Innocent transit through the area within the safety zone is not affected by this regulation and does not require the authorization of the Captain of the Port.

(3) All persons and vessels shall comply with the instructions of the COTP or the designated on scene patrol personnel. U.S. Coast Guard patrol personnel include commissioned, warrant, and petty officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard vessel via siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed.

[CGD 01–95–141, 61 FR 60032, Nov. 26, 1996]

§ 165.150 New Haven Harbor, Quinnipiac River, Mill River.
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(a) The following is a regulated navigation area: The waters surrounding the Tomlinson Bridge located within a line extending from a point A at the southeast corner of the Wyatt terminal dock at 41°17'50" N, 72°54'36" W thence along a line 126°T to point B at the southwest corner of the Gulf facility at 41°17'42" N, 72°54'21" W thence north along the shoreline to point C at the northwest corner of the Texaco terminal dock 41°17'57" N, 72°54'06" W thence along a line 303°T to point D at the west bank of the mouth of the Mill River 41°18'05" N, 72°54'23" W thence south along the shoreline to point A.

(b) Regulations. (1) No person may operate a vessel or tow a barge in this Regulated Navigation Area in violation of these regulations.

(2) Applicability. The regulations apply to barges with a freeboard greater than ten feet and to any vessel towing or pushing these barges on outbound transits of the Tomlinson Bridge.

(3) Regulated barges may not transit the bridge—

(i) During the period from one hour to five hours after high water slack,

(ii) When the wind speed at the bridge is greater than twenty knots, and

(iii) With the barge being towed on a hawser, stern first.

(4) Regulated barges with a beam greater than fifty feet must be pushed ahead through the bridge.

(5) If the tug operator does not have a clear view over the barge when pushing ahead, the operator shall post a lookout on the barge with a means of communication with the operator.

(6) Regulated barges departing the Mill River may transit the bridge only between sunrise and sunset. Barges must be pushed ahead of the tug, bow first, with a second tug standing by to assist at the bow.

(7) Nothing in this section is intended to relieve any person from complying with:

(i) Applicable Navigation and Pilot Rules for Inland Waters;

(ii) Any other laws or regulations;

(iii) Any order or direction of the Captain of the Port.

(8) The Captain of the Port, New Haven, may issue an authorization to deviate from any rule in this section if the COTP finds that an alternate operation can be done safely.

[CGD 79–034, 47 FR 29660, July 8, 1982, as amended by CGD 80–069, 47 FR 53368, Nov. 26, 1982. Redesignated by CGD 87–008b, 52 FR 25218, July 6, 1987]

§ 165.151 Safety Zones; Long Island Sound annual fireworks displays.
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(a) Safety Zones. The following areas are designated safety zones. All coordinates references 1983 North American Datum (NAD83).

(1) Indian Harbor Yacht Club Fireworks Safety Zone. All waters of Long Island Sound off Greenwich CT, within a 800-foot radius of the fireworks barge located in approximate position 41°00'35" N, 073°37'05" W.

(2) City of Rowayton Fireworks Safety Zone. All waters of Long Island Sound in Sheffield Channel off of Ballast Reef within a 1000-foot radius of the fireworks barge located in approximate position 41°03'11" N, 073°26'41" W.

(3) The Yampol Family Fireworks Safety Zone. All waters of Long Island Sound off Cold Springs Harbor, Cove Neck New York within a 1200-foot radius of the fireworks barge located in approximate position 41°53'00" N, 073°29" 13" W.

(4) Groton Long Point Yacht Club Fireworks Safety Zone. All waters of Long Island Sound off of Groton Long Point, Groton, CT, within a 600-foot radius of the fireworks barge in approximate position 41°18'05" N, 072°02" 08" W.

(5) City of West Haven Fireworks Safety Zone. All waters of New Haven Harbor on Long Island Sound off Bradley Point within a 1200-foot radius of the fireworks barge in approximate position 41°15'07" N, 072°57'26" W.

(6) New Haven Festival Fireworks Safety Zone. All waters of New Haven Harbor on Long Island Sound within a 1200-foot radius of the fireworks barge in approximate position 40°17'31" N, 072°54'48" W.

(7) Madison Cultural Arts Fireworks Safety Zone. All the waters of Long Island Sound located off the City of Madison within an 800-foot radius of the fireworks barge in approximate position 41°16'10" N, 072°36'30" W.

(8) Arnold L. Chase Fireworks Safety Zone. All waters of Connecticut River within a 600 foot radius of the fireworks barge located in approximate position 41°15'56" N, 072°21'49" W, about 100-yards off Fenwick Pier.

(9) Saybrook Summer Pops Fireworks Safety Zone. All waters of Connecticut River within a 600-foot radius of the fireworks barge located in approximate position 41°17'35" N, 072°21'20" W.

(10) Mashantucket Pequot Fireworks Safety Zone. All waters of the Thames River off of New London, CT, within a 1200–foot radius of a fireworks barge located in approximate position 41°20'57.1" N, 72°05'22.1" W; and within 1000–feet of fireworks barges located in approximate positions: barge one, 41°21'03.3" N, 72°05'24.5" W; and barge two, 41°20'51.75" N, 72°05'18.90" W.

(11) Harbor Day Fireworks Safety Zone. All waters of Thames River within a 600-foot radius of the fireworks barge located in approximate position 41°31'14" N, 072°04'44" W, located off American Warf Marina, Norwich, CT.

(12) Riverfest Fireworks Safety Zone. All the waters of the Connecticut River within a 600-foot radius of the fireworks barge located in approximate position 41°45'34" N, 072°39'37" W.

(13) Southampton Fresh Air Home Fireworks Safety Zone. All the waters of Shinnecock Bay within a 600-foot radius of the fireworks barge located in approximate position 40°51'48" N, 072°28'30" W, off of Southampton, NY.

(14) T.E.L. Enterprises Fireworks Safety Zone. All the waters of Great South Bay within a 600-foot radius of the fireworks barge located in approximate position 40°41'17" N, 073°00'20" W, off of Davis Park, NY.

(15) Patchogue Chamber of Commerce Fireworks Safety Zone. All the waters of Great South Bay within an 800-foot radius of the fireworks barge located in approximate position 40°44'38" N, 073°00'33" W, off of Patchogue, NY.

(16) Fire Island Tourist Bureau Fireworks Safety Zone. All the waters of Great South Bay within a 600-foot radius of the fireworks barge located in approximate position 40°35'45" N, 073°05'23" W, off of Cherry Cove, NY.

(17) Treibeck's Party Fireworks Safety Zone. All the waters of the Atlantic Ocean within a 1200-foot radius of the fireworks barge located in approximate position 40°54'04" N, 072°16'50" W, off of Sagaponack, NY.

(18) Norwich July Fireworks Safety Zone. All waters of the Thames River within a 600–foot radius of the fireworks launch area in approximate position 41°31'20.9" N, 072°04'45.9' W, located off of Norwich, CT.

(19) Town of Branford Fireworks Safety Zone. All waters of Branford Harbor off of Branford Point within a 600–foot radius of the fireworks launch area located on Branford Point in approximate position 41°15'30" N, 072°49'22" W.

(20) Vietnam Veterans Local 484/Town of East Haven Fireworks Safety Zone. All waters of Long Sound off of Cosey Beach, East Haven, CT within a 1000–foot radius of the fireworks barge in approximate position 41°14'19" N, 072°52'9.8" W.

(21) Westport Police Athletic League Fireworks Safety Zone. All waters of Long Island Sound off Compo Beach, Westport, CT within a 800–foot radius of the fireworks barge in approximate position 41°09'2.5" N, 073°20'1.1" W.

(22) Westbrook, CT July Celebration Safety Zone. All waters of Westbrook Harbor in Long Island Sound within a 800–foot radius of the fireworks barge located in approximate position 41°16'50" N, 072°26'14" W.

(23) Norwalk Fireworks Safety Zone. All waters of Long Island Sound off of Calf Pasture Beach in Norwalk, CT within a 1000–foot radius of the fireworks barge located in approximate position 40°05'10" N, 073°23'20" W.

(24) Town of Stratford Fireworks Safety Zone. All waters of Long Island Sound off of Short Beach in Stratford, CT, within a 800–foot radius of the fireworks launch area located in approximate position 41°09'5" N, 073°06'5" W.

(25) Old Black Point Beach Association Fireworks Safety Zone. All waters of Long Island Sound off Old Black Point Beach in East Lyme, CT, within a 1000-foot radius of the fireworks launch area located on Old Black Point Beach in approximate position 41°17'34.9" N, 072°12'55.6" W.

(26) Village of Asharoken Fireworks Safety Zone. All waters of Northport Bay off of Asharoken Beach in Asharoken, NY within a 600-foot radius of the fireworks launch area located in approximate position 40°55'30" N, 072°21' W.

(b) Notification. Coast Guard Group/Marine Safety Office Long Island Sound and Coast Guard Group Moriches will cause notice of the activation of these safety zones to be made by all appropriate means to effect the widest publicity among the affected segments of the public, including publication in the local notice to mariners, marine information broadcasts, and facsimile. Fireworks barges used in these locations will also have a sign on their port and starboard side labeled “FIREWORKS—STAY AWAY”. Displays launched from shore sites will have a sign labeled “FIREWORKS—STAY AWAY” with the same size requirements. The signs required by this section must consist of red letters at least 10 inches high, and 1.5 inch thick on a white background.

(c) Enforcement period. Specific zones in this section will be enforced from 8 p.m. to 11 p.m. each day a barge or land based launch site with sign reading “FIREWORKS—STAY AWAY” is present in that zone.

(d) Regulations. Vessels may not enter, remain in, or transit through the safety zones in this section during the enforcement period unless authorized by the Captain of the Port Long Island Sound or designated Coast Guard patrol personnel on scene.

[CGD01–01–077, 67 FR 22352, May 3, 2002, as amended by USCG–2003–15404, 68 FR 37741, June 25, 2003; 68 FR 40024, July 3, 2003; CGD01–05–012, 70 FR 43764, July 29, 2005]

§ 165.152 Coast Guard Station Fire Island, Long Island, New York—safety zone.
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(a) Location. The following waters of Fire Island Inlet are a safety zone: Beginning at a point on shore at 40°37.523' N, 073°15.685' W; then north to 40°37.593' N, 073°15.719' W; then east to 40°37.612' N, 073°15.664' W; then east to 40°37.630' N, 073°15.610' W; then east to 40°37.641' N, 073°15.558' W; then southeast to 40°37.630' N, 073°15.475' W; then southeast to 40°37.625' N, 073–15.369' W; then southeast to 40°37.627' N, 073°15.318' W; then southeast to point on shore at 40°37.565' N, 073°15.346' W. All coordinates are North American Datum 1983.

(b) Regulations. (1) The general regulations contained in 33 CFR §165.23 apply.

(2) All persons and vessels must comply with the Coast Guard Captain of the Port or designated on-scene patrol personnel. On-scene Coast Guard patrol personnel include commissioned, warrant, and petty officers of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, and local, state, and federal law enforcement vessels. Upon being hailed by siren, radio, flashing light or other means from a U.S. Coast Guard vessel or other vessel with on-scene patrol personnel aboard, the operator of the vessel shall proceed as directed.

[CGD01–03–025, 69 FR 26045, May 11, 2004]

§ 165.153 Regulated Navigation Area: Long Island Sound Marine Inspection and Captain of the Port Zone.
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(a) Regulated Navigation Area location. All waters of the Long Island Sound Marine Inspection and Captain of the Port (COTP) Zone, as delineated in 33 CFR 3.05–35, extending seaward 12 nautical miles from the territorial sea baseline, are established as a regulated navigation area (RNA).

(b) Applicability. This section applies to all vessels operating within the RNA excluding public vessels.

(c) Definitions. The following definitions apply to this section:

Commercial service means any type of trade or business involving the transportation of goods or individuals, except service performed by a combatant vessel.

Ferry means a vessel that:

(1) Operates in other than ocean or coastwise service;

(2) Has provisions only for deck passengers or vehicles, or both;

(3) Operates on a short run on a frequent schedule between two points over the most direct water route; and

(4) Offers a public service of a type normally attributed to a bridge or tunnel.

Public vessels means vessels owned or bareboat chartered and operated by the United States, or by a State or political subdivision thereof, or by a foreign nation, except when such vessel is engaged in commercial service.

Territorial sea baseline means the line defining the shoreward extent of the territorial sea of the United States drawn according to the principles, as recognized by the United States, of the Convention on the Territorial Sea and the Contiguous Zone, 15 U.S.T. 1606, and the 1982 United Nations Convention on the Law of the Sea (UNCLOS), 21 I.L.M. 1261. Normally, the territorial sea baseline is the mean low water line along the coast of the United States.

(d) Regulations. (1) Speed restrictions in the vicinity of Naval Submarine Base New London and Lower Thames River. Unless authorized by the Captain of the Port (COTP), vessels of 300 gross tons or more may not proceed at a speed in excess of eight knots in the Thames River from New London Harbor channel buoys 7 and 8 (Light List numbers 21875 and 21880 respectively) north through the upper limit of the Naval Submarine Base New London Restricted Area, as that area is specified in 33 CFR 334.75(a). The U.S. Navy and other Federal, State and municipal agencies may assist the U.S. Coast Guard in the enforcement of this rule.

(2) Enhanced communications. Vessels of 300 gross tons or more and all vessels engaged in towing barges must issue securité calls on marine band or Very High Frequency (VHF) radio channel 16 upon approach to the following locations:

(i) Inbound approach to Cerberus Shoal; and

(ii) Outbound approach to Race Rock Light (USCG Light List No. 19815).

(3) All vessels operating within the RNA that are bound for a port or place located in the United States or that must transit the internal waters of the United States, must be inspected to the satisfaction of the U. S. Coast Guard, before entering waters within three nautical miles from the territorial sea baseline. Vessels awaiting inspection will be required to anchor in the manner directed by the COTP. This section does not apply to vessels operating exclusively within the Long Island Sound Marine Inspection and COTP Zone, vessels on a single voyage which depart from and return to the same port or place within the RNA, all towing vessels engaged in coastwise trade, vessels in innocent passage not bound for a port or place subject to the jurisdiction of the United States, and all vessels not engaged in commercial service whose last port of call was in the United States. Vessels requiring inspection by the COTP may contact the COTP via marine band or Very High Frequency (VHF) channel 16, telephone at (203) 468–4401, facsimile at (203) 468–4418, or letter addressed to Captain of the Port, Long Island Sound, 120 Woodward Ave., New Haven, CT 06512.

(4) All vessels operating within the RNA that are bound for a port or place located in the United States or that must transit the internal waters of the United States, must obtain authorization from the Captain of the Port (COTP) before entering waters within three nautical miles from the territorial sea baseline. Vessels awaiting COTP authorization to enter waters within three nautical miles from the territorial sea baseline will be required to anchor in the manner directed by the COTP. This section does not apply to vessels operating exclusively within the Long Island Sound Marine Inspection and COTP Zone, vessels on a single voyage which depart from and return to the same port or place within the RNA, all towing vessels engaged in coastwise trade, vessels in innocent passage not bound for a port or place subject to the jurisdiction of the United States, and all vessels not engaged in commercial service whose last port of call was in the United States. Vessels may request authorization from the COTP by contacting the COTP via marine band or Very High Frequency (VHF) channel 16, telephone at (203) 468–4401, facsimile at (203) 468–4418, or letter addressed to Captain of the Port, Long Island Sound, 120 Woodward Ave., New Haven, CT 06512.

(5) Vessels over 1,600 gross tons operating in the RNA within three nautical miles from the territorial sea baseline that are bound for a port or place located in the United States or that must transit the internal waters of the United States must receive authorization from the COTP prior to transiting or any intentional vessel movements, including, but not limited to, shifting berths, departing anchorage, or getting underway from a mooring. This section does not apply to vessels in innocent passage not bound for a port or place subject to the jurisdiction of the United States.

(6) Ferry vessels. Vessels of 300 gross tons or more are prohibited from entering all waters within a 1200-yard radius of any ferry vessel transiting in any portion of the Long Island Sound Marine Inspection and COTP Zone without first obtaining the express prior authorization of the ferry vessel licensed operator, licensed master, COTP, or the designated COTP on-scene patrol.

(7) Vessels engaged in commercial service. No vessel may enter within a 100-yard radius of any vessel engaged in commercial service while that vessel is transiting, moored, or berthed in any portion of the Long Island Sound Marine Inspection and COTP zone, without the express prior authorization of the vessel's licensed operator, master, COTP, or the designated COTP on-scene representative.

(8) Bridge foundations. Any vessel operating beneath a bridge must make a direct, immediate and expeditious passage beneath the bridge while remaining within the navigable channel. No vessel may stop, moor, anchor or loiter beneath a bridge at any time. No vessel may approach within a 25-yard radius of any bridge foundation, support, stanchion, pier or abutment except as required for the direct, immediate and expeditious transit beneath a bridge.

(9) This section does not relieve any vessel from compliance with applicable navigation rules.

[CGD01–02–104, 68 FR 48802, Aug. 15, 2003]

§ 165.154 Safety and Security Zones: Long Island Sound Marine Inspection Zone and Captain of the Port Zone.
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(a) Safety and security zones. The following areas are safety and security zones:

(1) Dominion Millstone Nuclear Power Plant Safety and Security Zones. (i) All waters north and north east of a line running from Bay Point, at approximate position 41–18.57 N, 072–10.41 W, to Millstone Point at approximate position 41–18.25 N, 072–09.96 W.

(ii) All waters west of a line starting at 41–18.700 N, 072–09.650 W, running south to the eastern most point of Fox Island at approximate position 41–18.400 N, 072–09.660 W. All coordinates are North American Datum 1983.

(2) Coast Guard Vessels Safety and Security Zones. All waters within a 100-yard radius of any anchored Coast Guard vessel. For the purposes of this section, Coast Guard vessels includes any commissioned vessel or small boat in the service of the regular Coast Guard and does not include Coast Guard Auxiliary vessels.

(b) Regulations. (1) The general regulations contained in §165.23 and §165.33 of this part apply.

(2) In accordance with the general regulations in §165.23 and §165.33 of this part, entry into or movement within this zone is prohibited unless authorized by the Captain of the Port Long, Island Sound.

(3) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or on-scene patrol personnel. These personnel comprise commissioned, warrant, and petty officers of the Coast Guard. Upon being hailed by a U. S. Coast Guard vessel by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed.

[CGD01–02–104, 68 FR 48803, Aug. 15, 2003]

§ 165.155 Northville Industries Offshore Platform, Riverhead, Long Island, New York—safety zone.
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(a) The following area is established as a safety zone during the specified condition:

(1) The waters within a 500 yard radius of the Northville Industries Offshore Platform, Long Island, New York, 1 mile North of the Riverhead shoreline at 41°00" N, 072°38" W, while a Liquefied Petroleum Gas (LPG) vessel is moored at the Offshore Platform. The safety zone remains in effect until the LPG vessel departs the Offshore Platform.

(b) The general regulations governing safety zone contained in 33 CFR 165.23 apply.

(c) The Captain of the Port will notify the maritime community of periods during which this safety zone will be in effect by providing notice of scheduled moorings at the Northville Industries Offshore Platform of LPG vessels via Marine Safety Information Radio Broadcast.

[CGD3 85–86, 51 FR 37181, Oct. 20, 1986. Redesignated by CGD 87–008b, 52 FR 25218, July 6, 1987]

§ 165.160 Safety and Security Zones: Liquefied Hazardous Gas Vessel, Liquefied Hazardous Gas Facility and Designated Vessel Transits, New York Marine Inspection Zone and Captain of the Port Zone.
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(a) Location. The following areas are safety and security zones:

(1) All waters of the New York Marine Inspection Zone and Captain of the Port Zone within a 200-yard radius of any Liquefied Hazardous Gas (LHG) vessel or LHG facility.

(2) All waters of the New York Marine Inspection Zone and Captain of the Port Zone within a 100-yard radius of any Designated Vessels.

(b) Designated Vessels (DVs). For the purposes of this section, DVs are: Vessels certificated to carry 500 or more passengers; vessels carrying government officials or dignitaries requiring protection by the U.S. Secret Service, or other Federal, State or local law enforcement agency; and barges or ships carrying petroleum products, chemicals, or other hazardous cargo.

(c) Regulations. (1) The general regulations contained in 33 CFR 165.23 and 165.33 apply.

(2) All persons and vessels must comply with the instructions of the Coast Guard Captain of the Port or the designated on-scene patrol personnel. These personnel comprise commissioned, warrant, and petty officers of the Coast Guard onboard Coast Guard, Coast Guard Auxiliary, local, state, and federal law enforcement vessels. Upon being hailed by U.S. Coast Guard patrol personnel by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed.

(3) The Captain of the Port will notify the maritime community of periods during which these zones will be enforced by methods in accordance with 33 CFR 165.7 and will identify DV vessel transits by way of electronic mail broadcast.

[CGD01–02–132, 68 FR 2890, Jan. 22, 2003]

§ 165.161 Safety zones: Coast Guard activities New York annual fireworks displays.
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(a) Safety zones. The following areas are designated safety zones:

(1) North Hempstead, NY, fireworks, Hempstead Harbor:

(i) Location. All waters of Hempstead Harbor within a 300-yard radius of the fireworks barge in approximate position 40°49'54" N 073°39'14" W (NAD 1983), about 360 yards north of Bar Beach, Hempstead Harbor.

(ii) Effective period. Paragraph (a)(1)(i) of this section is in effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the Friday before Memorial Day, and the Saturday after Labor Day. If the event is cancelled due to inclement weather, then paragraph (a)(1)(i) of this section is effective from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the Saturday before Memorial Day and the Sunday after Labor Day.

(2) Seaport Memorial Day fireworks, East River, NY:

(i) Location. 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 northeast corner of Pier 6, Manhattan.

(ii) Effective period. Paragraph (a)(2)(i) of this section is in effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on Memorial Day. If the event is cancelled due to inclement weather, then paragraph (a)(2)(i) of this section is effective from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the day following Memorial Day.

(3) Highlands, NJ, fireworks, Sandy Hook Bay:

(i) Location. All waters of Sandy Hook Bay within a 150-yard radius of the fireworks barge in approximate position 40°24'33.8" N 073°59'46.2" W (NAD 1983), about 1,200 yards west of Plum Island.

(ii) Effective period. Paragraph (a)(3)(i) of this section is in effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the Saturday before Father's Day. If the event is cancelled due to inclement weather, then paragraph (a)(3)(i) of this section is effective from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on Father's Day.

(4) Kingston, NY, fireworks, Rondout Creek:

(i) Location. All waters of Rondout Creek between the Kingston-Port Ewen Bridge (mile 1.1) and the Kingston-US 9 Bridge (mile 1.3).

(ii) Effective period. Paragraph (a)(4)(i) of this section is in effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the Saturday and Sunday before July 4th.

(5) Staten Island July 3rd fireworks, Arthur Kill:

(i) Location. All waters of the Arthur Kill, Ward Point Bend (West), and the Raritan River Cutoff, within a 300-yard radius of the fireworks barge in approximate position 40°30'18" N 074°15'30" W (NAD 1983), about 300 yards west of Conference House Park, Staten Island.

(ii) Effective period. Paragraph (a)(5)(i) of this section is in effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on July 3rd. If the event is cancelled due to inclement weather, then paragraph (a)(5)(i) of this section is effective from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on July 4th and July 5th.

(6) Red Bank, NJ, July 3rd fireworks, Navesink River:

(i) Location. All waters of the Navesink River within a 360-yard radius of the fireworks barge in approximate position 40°21'20" N 074°04'10" W (NAD 1983), about 360 yards northwest of Red Bank, NJ.

(ii) Effective period. Paragraph (a)(6)(i) of this section is in effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on July 3rd. If the event is cancelled due to inclement weather, then paragraph (a)(6)(i) of this section is effective from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on July 4th.

(7) Burlington, VT, July 3rd fireworks, Burlington Bay:

(i) Location. All waters of Burlington Bay within a 300-yard radius of the fireworks barge in approximate position 44°28'30.6" N 073°13'31.3" W (NAD 1983), beside the Burlington Bay Breakwater.

(ii) Effective period. Paragraph (a)(7)(i) of this section is in effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on July 3rd. If the event is cancelled due to inclement weather, then paragraph (a)(7)(i) of this section is effective from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the following two Fridays and Saturdays.

(8) Rensselaer, NY, fireworks, Hudson River:

(i) Location. All waters of the Hudson River within a 180-yard radius of the fireworks barge in approximate position 42°38'23" N 073°44'59.1" W (NAD 1983), about 480 yards south of the Dunn Memorial Bridge (mile 145.4).

(ii) Effective period. Paragraph (a)(8)(i) of this section is in effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the first and second Saturday in August. If the event is cancelled due to inclement weather, then paragraph (a)(8)(i) of this section is effective from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the first and second Sunday in August.

(9) Staten Island Labor Day fireworks, Arthur Kill:

(i) Location. All waters of the Arthur Kill, Ward Point Bend (West), and the Raritan River Cutoff, within a 300-yard radius of the fireworks barge in approximate position 40°30'18" N 074°15'30" W (NAD 1983), about 300 yards west of Conference House Park, Staten Island.

(ii) Effective period. Paragraph (a)(9)(i) of this section is in effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the Saturday before Labor Day. If the event is cancelled due to inclement weather, then paragraph (a)(9)(i) of this section is effective from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the Sunday and Monday of Labor Day Weekend.

(10) Seaport Labor Day fireworks, East River, NY:

(i) Location. 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 northeast corner of Pier 6, Manhattan.

(ii) Effective period. Paragraph (a)(10)(i) of this section is in effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on Labor Day. If the event is cancelled due to inclement weather, then paragraph (a)(10)(i) of this section is effective from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the day following Labor Day.

(11) Deepavali Festival fireworks, East River, NY:

(i) Location. 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 northeast corner of Pier 6, Manhattan.

(ii) Effective period. Paragraph (a)(11)(i) of this section is in effect annually from 6 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the first Sunday in October. If the event is cancelled due to inclement weather, then paragraph (a)(11)(i) of this section is effective from 6 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the first Monday in October.

(12) Seaport New Year's Eve fireworks, East River, NY:

(i) Location. 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 northeast corner of Pier 6, Manhattan.

(ii) Effective period. Paragraph (a)(12)(i) of this section is in effect annually from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on New Year's Eve. If the event is cancelled due to inclement weather, then paragraph (a)(12)(i) of this section is effective from 8 p.m. (e.s.t.) to 1 a.m. (e.s.t.) on the day following New Year's Eve.

(b) Regulations. (1) The general regulations contained in 33 CFR 165.23 apply.

(2) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designated on-scene-patrol personnel. These personnel comprise commissioned, warrant, and petty officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed.

[CGD 01–00–227, 66 FR 6479, Jan. 22, 2001]

§ 165.162 Safety Zone: New York Super Boat Race, Hudson River, New York.
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(a) Regulated area. The following area is a safety zone: All waters of the Lower Hudson River south of a line drawn from the northwest corner of Pier 76 in Manhattan 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):



------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
40°42[min]16.0[sec] N 074°01[min]09.0[sec] W, then
south to
40°41[min]55.0[sec] N 074°01[min]16.0[sec] W, then
west to
40°41[min]47.0[sec] N 074°01[min]36.0[sec] W, then
northwest to
40°41[min]55.0[sec] N 074°01[min]59.0[sec] W, then to
shore at
40°42[min]20.5[sec] N 074°02[min]06.0[sec] W.
------------------------------------------------------------------------


(b) Regulations. (1) 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 Patrol Commander.

(2) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designed on-scene-patrol personnel. These personnel comprise commissioned, warrant, and petty officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed.

(c) Effective period. This section is in effect annually from 10 a.m. until 4 p.m. on the Sunday following Labor Day.

[CGD01–98–175, 64 FR 31984, June 15, 1999]

§ 165.163 Safety Zones; Port of New York/New Jersey Fleet Week.
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(a) The following areas are established as safety zones:

(1) Safety Zone A—(i) Location. A moving safety zone for the Parade of Ships including all waters 500 yards ahead and astern, and 200 yards of each side of the designated column of parade vessels as it transits the Port of New York and New Jersey from the Verrazano Narrows Bridge to Riverside State Park on the Hudson River between West 137th and West 144th Streets, Manhattan.

(ii) Enforcement period. Paragraph (a)(1)(i) of this section is enforced annually from 8 a.m. until 5 p.m. on the Wednesday before Memorial Day.

(2) Safety Zone B—(i) Location. A safety zone including all waters of the Hudson River between Piers 83 and 90, Manhattan, from the parade column east to the Manhattan shoreline.

(ii) Enforcement period. Paragraph (a)(2)(i) of this section is enforced annually from 8 a.m. until 5 p.m. on the Wednesday before Memorial Day.

(3) Safety Zone C—(i) Location. A moving safety zone including all waters of the Hudson River within a 200-yard radius of each parade vessel upon its leaving the parade of ships until it is safely berthed.

(ii) Enforcement period. Paragraph (a)(3)(i) of this section is enforced annually from 8 a.m. until 5 p.m. on the Wednesday before Memorial Day.

(4) Safety Zone D—(i) Location. A safety zone including all waters of the Hudson River bound by the following points: from the southeast corner of Pier 90, Manhattan, where it intersects the seawall, west to approximate position 40°46'10" N 074°00'13" W (NAD 1983), south to approximate position 40°45'54" N 074°00'25" W (NAD 1983), then east to the northeast corner of Pier 83 where it intersects the seawall.

(ii) Enforcement period. Paragraph (a)(4)(i) of this section is enforced annually from 10 a.m. until 5 p.m., from Friday through Monday, Memorial Day weekend.

(5) Safety Zone E—(i) Location. A moving safety zone including all waters 500 yards ahead and astern, and 200 yards on each side of the departing U.S. Navy Aircraft or Helicopter Carrier as it transits the Port of New York and New Jersey from its mooring at the Intrepid Sea, Air and Space Museum, Manhattan, to the COLREGS Demarcation line at Ambrose Channel Entrance Lighted Bell Buoy 2 (LLNR 34805).

(ii) Enforcement period. Paragraph (a)(5)(i) of this section is enforced annually on the Wednesday following Memorial Day. Departure time is dependent on tide, weather, and granting of authority for departure by the Captain of the Port, New York.

(b) Effective period. This section is effective annually from 8 a.m. on the Wednesday before Memorial Day until 4 p.m. on the Wednesday following Memorial Day.

(c) Regulations. (1) The general regulations contained in 33 CFR 165.23 apply.

(2) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designated on-scene-patrol personnel. these personnel comprise commissioned, warrant, and petty officers of the Coast Guard. Upon being hailed by a U. S. Coast Guard vessel by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed.

[CGD1–98–170, 64 FR 24946, May 10, 1999]

§ 165.164 Security Zones: Dignitary Arrival/Departure and United Nations Meetings, New York, NY.
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(a) The following areas are established as security zones:

(1) Location. Wall Street heliport: All waters of the East River within the following boundaries: East of a line drawn between approximate position 40°42'01" N 074°00'39" W (east of The Battery) to 40°41'36" N 074°00'52" W (NAD 1983) (point north of Governors Island) and north of a line drawn from the point north of Governors Island to the southwest corner of Pier 7 North, Brooklyn; and south of a line drawn between the northeast corner of Pier 13, Manhattan, and the northwest corner of Pier 2 North, Brooklyn.

(2) [Reserved]

(3) Location. Marine Air Terminal, La Guardia Airport: All waters of Bowery Bay, Queens, New York, south of a line drawn from the western end of La Guardia Airport at approximate position 40°46'47" N 073°53'05" W (NAD 1983) to the Rikers Island Bridge at approximate position 40°46'51" N 073°53'21" W (NAD 1983) and east of a line drawn between the point at the Rikers Island Bridge to a point on the shore in Queens, New York, at approximate position 40°46'36" N 073°53'31" W (NAD 1983).

(4) Location. All waters of the East River bound by the following points: 40°44'37" N, 073°58'16.5" W (the base of East 35th Street, Manhattan), then east to 40°44'34.5" N, 073°58'10.5" W (about 175 yards offshore of Manhattan), then northeasterly to 40°45'29" N, 073°57'26.5" W (about 125 yards offshore of Manhattan at the Queensboro Bridge), then northwesterly to 40°45'31" N, 073°57'30.5" W (Manhattan shoreline at the Queensboro Bridge), then southerly to the starting point at 40°44'37" N, 073°58'16.5" W. All nautical positions are based on North American Datum of 1983.

(5) Location. All waters of the East River north of a line drawn from approximate position 40°44'37" N, 073°58'16.5" W (the base of East 35th Street, Manhattan), to approximate position 40°44'23" N, 073°57'44.5" W (Hunters Point, Long Island City), and south of the Queensboro Bridge. All nautical positions are based on North American Datum of 1983.

(6) The security zone will be activated 30 minutes before the dignitaries' arrival into the zone and remain in effect until 15 minutes after the dignitaries' departure from the zone.

(7) The activation of a particular zone will be announced by facsimile and marine information broadcasts.

(b) Regulations. (1) The general regulations contained in 33 CFR 165.33 apply.

(2) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designated on-scene-patrol personnel. These personnel comprise commissioned, warrant, and petty officers of the Coast Guard. Upon being hailed by a U.S. Coast Guard vessel using siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed.

[CGD01–98–006, 64 FR 24948, May 10, 1999, as amended by CGD01–00–146, 65 FR 47320, Aug. 2, 2000]

§ 165.165 Regulated Navigation Area; Kill Van Kull Channel, Newark Bay Channel, South Elizabeth Channel, Elizabeth Channel, Port Newark Channel and New Jersey Pierhead Channel, New York and New Jersey.
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(a) Regulated Navigation Area (RNA). All waters of the Kill Van Kull (KVK) Channel east of KVK Light 16A (LLNR 37340) in North of Shooters Island Reach, east of Shooters Island Light 2 (LLNR 37375) in South of Shooters Island Reach, and west of KVK Channel Junction Lighted Bell Buoy ‘KV’ (LLNR 37265) in Constable Hook Reach; all waters of Newark Bay Channel south of Newark Bay Light 19 (LLNR 37505); all waters of South Elizabeth Channel, Elizabeth Channel, Port Newark Channel, and New Jersey Pierhead Channel south of New Jersey Pierhead South Channel Lighted Buoy 5 (LLNR 37020).

(b) Description of Work Areas in the RNA. (1) Work Area (1): The waters bounded by a line connecting the following points:



------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
40°38[min]40.0[sec] N 074°03[min]45.0[sec] W
40°38[min]50.4[sec] N 074°04[min]16.0[sec] W
40°38[min]57.9[sec] N 074°04[min]11.8[sec] W
40°39[min]03.8[sec] N 074°04[min]43.8[sec] W
40°39[min]04.5[sec] N 074°05[min]07.6[sec] W
40°39[min]01.8[sec] N 074°05[min]14.8[sec] W
40°39[min]05.0[sec] N 074°05[min]17.1[sec] W
40°39[min]10.3[sec] N 074°05[min]05.0[sec] W
40°39[min]09.3[sec] N 074°04[min]27.8[sec] W
40°39[min]00.2[sec] N 074°03[min]45.1[sec] W
40°38[min]58.0[sec] N 074°03[min]34.9[sec] W
40°38[min]40.0[sec] N 074°03[min]45.0[sec] W
------------------------------------------------------------------------


(2) Work Area (2): The waters bounded by a line connecting the following points:



------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
40°38[min]50.4[sec] N 074°04[min]16.0[sec] W
40°38[min]57.5[sec] N 074°04[min]37.8[sec] W
40°38[min]59.2[sec] N 074°04[min]55.4[sec] W
40°38[min]57.4[sec] N 074°05[min]12.9[sec] W
40°38[min]47.5[sec] N 074°05[min]33.8[sec] W
40°38[min]45.8[sec] N 074°05[min]43.6[sec] W
40°38[min]49.4[sec] N 074°05[min]44.7[sec] W
40°38[min]51.0[sec] N 074°05[min]35.7[sec] W
40°39[min]04.7[sec] N 074°05[min]06.6[sec] W
40°39[min]03.7[sec] N 074°04[min]29.5[sec] W
40°38[min]57.9[sec] N 074°04[min]11.8[sec] W
40°38[min]50.4[sec] N 074°04[min]16.0[sec] W
------------------------------------------------------------------------


(3) Work Area (3): The waters bounded by a line connecting the following points:



------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
40°38[min]45.8[sec] N 074°05[min]43.6[sec] W
40°38[min]49.4[sec] N 074°05[min]44.7[sec] W
40°38[min]51.2[sec] N 074°05[min]35[sec] W
40°39[min]01.8[sec] N 074°05[min]14.8[sec] W
40°39[min]05.0[sec] N 074°05[min]17.1[sec] W
40°38[min]57.5[sec] N 074°05[min]32.3[sec] W
40°38[min]53.8[sec] N 074°05[min]44.1[sec] W
40°38[min]53.1[sec] N 074°05[min]56.8[sec] W
40°38[min]55.3[sec] N 074°06[min]38.1[sec] W
40°38[min]41.5[sec] N 074°07[min]18.3[sec] W
40°38[min]38.2[sec] N 074°07[min]41.4[sec] W
40°38[min]38.5[sec] N 074°07[min]46.0[sec] W
40°38[min]35.2[sec] N 074°07[min]49.0[sec] W
40°38[min]31.2[sec] N 074°07[min]50.0[sec] W
40°38[min]30.1[sec] N 074°07[min]41.3[sec] W
40°38[min]33.9[sec] N 074°07[min]15.1[sec] W
40°38[min]44.0[sec] N 074°06[min]45.7[sec] W
40°38[min]46.7[sec] N 074°06[min]25.9[sec] W
40°38[min]44.8[sec] N 074°05[min]49.6[sec] W
40°38[min]45.8[sec] N 074°05[min]43.6W[sec]
------------------------------------------------------------------------


(4) Work Area (4): The waters bounded by a line connecting the following points:



------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
40°38[min]31.2[sec] N 074°07[min]50.0[sec] W
40°38[min]35.2[sec] N 074°07[min]49.0[sec] W
40°38[min]36.6[sec] N 074°08[min]01.2[sec] W
40°38[min]28.2[sec] N 074°08[min]51.0[sec] W
40°38[min]35.2[sec] N 074°09[min]06.2[sec] W
40°38[min]30.0[sec] N 074°09[min]12.0[sec] W
40°38[min]24.8[sec] N 074°09[min]02.6[sec] W
40°38[min]24.0[sec] N 074°08[min]52.0[sec] W
40°38[min]31.5[sec] N 074°08[min]07.4[sec] W
40°38[min]31.8[sec] N 074°07[min]54.6[sec] W
40°38[min]31.2[sec] N 074°07[min]50.0[sec] W
------------------------------------------------------------------------


(5) Work Area (5): The waters bounded by a line connecting the following points:



------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
40°38[min]35.2[sec] N 074°07[min]49.0[sec] W
40°38[min]38.5[sec] N 074°07[min]46.0[sec] W
40°38[min]40.7[sec] N 074°08[min]01.3[sec] W
40°38[min]34.0[sec] N 074°08[min]41.0[sec] W
40°38[min]40.0[sec] N 074°08[min]52.0[sec] W
40°38[min]50.0[sec] N 074°08[min]55.0[sec] W
40°38[min]35.2[sec] N 074°09[min]06.2[sec] W
40°38[min]28.2[sec] N 074°08[min]51.0[sec] W
40°38[min]36.6[sec] N 074°08[min]01.2[sec] W
40°38[min]35.2[sec] N 074°07[min]49.0[sec] W
------------------------------------------------------------------------


(6) Work Area (6): The waters bounded by a line connecting the following points:



------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
40°39[min]17.0[sec] N 074°08[min]38.0[sec] W
40°40[min]21.0[sec] N 074°08[min]00.0[sec] W
40°40[min]34.3[sec] N 074°07[min]54.0[sec] W
40°40[min]35.9[sec] N 074°08[min]03.9[sec] W
40°40[min]33.2[sec] N 074°08[min]12.0[sec] W
40°40[min]26.6[sec] N 074°08[min]17.9[sec] W
40°39[min]34.3[sec] N 074°08[min]55.8[sec] W
40°39[min]30.8[sec] N 074°08[min]58.2[sec] W
40°39[min]21.6[sec] N 074°08[min]50.2[sec] W
40°39[min]17.0[sec] N 074°08[min]38.0[sec] W
------------------------------------------------------------------------


(7) Work Area (7): The waters bounded by a line connecting the following points:



------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
40°40[min]26.7[sec] N 074°08[min]17.9[sec] W
40°41[min]14.4[sec] N 074°09[min]35.0[sec] W
40°41[min]18.9[sec] N 074°09[min]31.9[sec] W
40°40[min]46.1[sec] N 074°08[min]38.9[sec] W
40°40[min]44.5[sec] N 074°08[min]30.2[sec] W
40°40[min]33.2[sec] N 074°08[min]12.0[sec] W
40°40[min]26.7[sec] N 074°08[min]17.9[sec] W
------------------------------------------------------------------------


(8) Work Area (8): The waters bounded by a line connecting the following points:



------------------------------------------------------------------------
Latitude Longitude
------------------------------------------------------------------------
40°39[min]30.8[sec] N 074°08[min]58.2[sec] W
40°39[min]40.6[sec] N 074°09[min]22.5[sec] W
40°39[min]43.5[sec] N 074°09[min]25.8[sec] W
40°39[min]44.8[sec] N 074°09[min]24.9[sec] W
40°39[min]32.8[sec] N 074°08[min]55.2[sec] W
40°39[min]30.8[sec] N 074°08[min]58.2[sec] W
AND
40°39[min]21.6[sec] N 074°08[min]50.2[sec] W
40°39[min]17.0[sec] N 074°03[min]38.0[sec] W
40°38[min]50.0[sec] N 074°08[min]55.0[sec] W
40°38[min]30.0[sec] N 074°09[min]12.0[sec] W
40°38[min]33.3[sec] N 074°09[min]19.5[sec] W
40°38[min]46.8[sec] N 074°09[min]22.8[sec] W
40°39[min]07.7[sec] N 074°08[min]58.8[sec] W
40°39[min]21.6[sec] N 074°08[min]50.2[sec] W
------------------------------------------------------------------------ (continued)