###### Editorial Note on [Part 165](/current/title-33/part-165?toc=1)

#### Editorial Note:

Nomenclature changes to part 165 appear by USCG-2006-25556, [72 FR 36328](https://www.federalregister.gov/citation/72-FR-36328), [36329](https://www.federalregister.gov/citation/72-FR-36329), July 2, 2007 and by USCG-2018-1049, [84 FR 7813](https://www.federalregister.gov/citation/84-FR-7813), Mar. 5, 2019.

#### § 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](/on/2024-09-19/title-33/part-165/subpart-C) 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](/on/2024-09-19/title-33/part-165/subpart-C), 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 one 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 [§ 165.160](/on/2024-09-19/title-33/section-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 locations 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: *<http://www.navcen.uscg.gov/>.*

Table 1 to [§ 165.160](/on/2024-09-19/title-33/section-165.160)—Fireworks Displays

| 1.0 Event | Location1 |
| --- | --- |
| 1.1 Twin Island, Long Island Sound Safety Zone | Launch Site: A land shoot located on the east end of Orchard Beach, NY, in approximate position 40°52′10′′ N, 073°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 Zone | Launch Site: A land shoot located in Elizabeth, NJ, in approximate position 40°38′50′′ N, 074°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 Zone | Launch Site: A land shoot located on Wards Island in approximate position 40°46′57′′ N 073°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 [§ 165.01-165.160](/on/2024-09-19/title-33/section-165.01) reference Datum NAD 1983. | |

Table 2 to [§ 165.160](/on/2024-09-19/title-33/section-165.160)—Swim Events

| 1.0 Event | Date/location1 |
| --- | --- |
| 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°00′03.7′′ N, 073°56′43.1′′ W, thence to 41°59′52.5′′ N, 073°56′34.2′′ W, to 42°00′15.1′′ N, 073°56′25.2′′ W, to 42°00′05.4′′ N, 073°56′41.9′′ W, thence along the shoreline to the point of origin. |
| 1.2 Hudson River, Nyack to Kingsland Point Swim | Date: 2nd weekend in September. 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°05′10.7′′ N, 073°55′03′′ W, thence to 41°05′02′′ N, 073°52′25′′ W, to 41°05′19′′ N, 073°52′22′′ W, to 41°05′25′′ N, 073°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°41′26′′ N, 74°03′17′′ W, thence to 40°41′02′′ N, 74°02′25′′ W, to 40°41′40′′ N, 74°02′00′′ W, to 40°42′25′′ N, 74°01′08′′ W, to 40°42′28′′ N, 74°01′07′′ W, to 40°41′57′′ N, 74°02′07′′ W, to 40°41′40′′ N, 74°02′30′′ W, to 40°41′24′′ N, 74°02′27′′ W, to 40°41′12′′ N, 74°02′38′′ W, to 40°41′29′′ N, 74°03′15′′ W, thence back to the point of origin. |
| 1.4 Hudson River, Newburgh to Beacon Swim | Date: One Saturday or Sunday in July. Location: The safety zone includes all navigable waters of the Hudson River between Newburgh and Beacon, NY bound by the following coordinates: 41°30′24.2′′ N, 074°0′17.4′′ W, thence to 41°30′27.8′′ N, 073°59′16.8′′ W, to 41°30′11.6′′ N, 073°59′19.9′′ W, to 41°30′03.4′′ N, 074°0′17.2′′ W, thence north along the shoreline to the point of origin. |
| 1.5 Long Island Sound, Horseshoe Harbor Swim | Date: 4th weekend in July and 2nd weekend in August. Location: The safety zone includes all navigable waters of the Long Island Sound bound by the following coordinates: 40°55′32′′ N, 73°44′37′′ W, thence southeast to 40°55′28′′ N, 73°44′14′′ W, to 40°55′01′′ N, 73°43′59′′ W, to 40°54′01′′ N, 73°44′17′′ W, to 40°54′48′′ N, 73°45′10′′ W, thence along the shoreline back to the point of origin. |
| 1.6 New York Harbor, Liberty Island to Morris Canal Swim | Date: One weekend in July. Location: The safety zone includes all navigable waters of the New York Harbor bound by the following coordinates: 40°41′27′′ N, 74°02′25′′ W, thence to 40°41′22′′ N, 74°02′13′′ W, to 40°41′36′′ N, 74°02′04′′ W, to 40°42′39′′ N, 74°01′42′′ W, to 40°42′42′′ N, 74°02′05′′ W, to 40°42′31′′ N, 74°01′55′′ W, thence back to the point of origin. |
| | |
| --- | --- |
| 1 All coordinates listed in Table 2 to [§ 165.01-165.160](/on/2024-09-19/title-33/section-165.01) reference Datum NAD 1983. | |

[USCG-2023-0075, [88 FR 55574](https://www.federalregister.gov/citation/88-FR-55574), Aug. 16, 2023]