Proposed Rule2023-09361
Safety Zones; Recurring Fireworks Displays and Swim Events in Coast Guard Sector New York Zone
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Published
May 4, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 86 (Thursday, May 4, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09361]
-----------------------------------------------------------------------
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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
<a href="/cdn-cgi/l/email-protection#9cd8acadb1cfd1deb1cff9ffd2c5b1cbfde8f9eeebfde5efdce9effffbb2f1f5f0"><span class="__cf_email__" data-cfemail="1450242539475956394771775a4d39437560716663756d6754616777733a797d78">[email protected]</span></a>.
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--
<bullet> a barge with a ``Fireworks--Stay Away'' sign on the port
and starboard side is on-scene, or
<bullet> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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: <a href="https://www.navcen.uscg.gov/">https://www.navcen.uscg.gov/</a>.
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
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