[Code of Federal Regulations]
[Title 33, Volume 2]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR165.161]

[Page 658-660]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
 
PART 165_REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS--Table of 
 
 Subpart F_Specific Regulated Navigation Areas and Limited Access Areas
 
Sec. 165.161  Safety zones: Coast Guard activities New York annual fireworks 

displays.

    (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[deg]49[min]54[sec] N 073[deg]39[min]14[sec] 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[deg]24[min]33.8[sec] N 
073[deg]59[min]46.2[sec] 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[deg]30[min]18[sec] N 
074[deg]15[min]30[sec] W (NAD 1983), about 300 yards west of Conference 
House Park, Staten Island.

[[Page 659]]

    (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[deg]21[min]20[sec] N 074[deg]04[min]10[sec] 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[deg]28[min]30.6[sec] N 
073[deg]13[min]31.3[sec] 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[deg]38[min]23[sec] N 073[deg]44[min]59.1[sec] 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[deg]30[min]18[sec] N 
074[deg]15[min]30[sec] 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.

[[Page 660]]

    (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]