(a) Regulated areas. The regulations in this section apply to the following areas:

(1) Area ALPHA: All navigable waters of the East River, between the east shore of Manhattan and the west shore of Roosevelt Island south of the Ed Koch Queensboro Bridge encompassed by a line connecting the following points beginning at 40°45?31.46? N, 73°57?31.42? W, along the shore to 40°45?6.80? N, 73°57?53.45? W, east to Roosevelt Island at 40°44?59.42? N, 73°57?40.57? W, along the west shore of Roosevelt island to the Ed Koch Queensboro Bridge at 40°45?26.02? N, 73°57?19.15? W, and back to the point of origin.

(2) Area BRAVO: All navigable waters of the East River, between the west shore of Queens and the east shore of Roosevelt Island south of the Ed Koch Queensboro Bridge encompassed by a line connecting the following points beginning at 40°45?22.89? N, 73°57?12.06? W, along the western shore of Roosevelt Island to 40°44?59.42? N, 73°57?40.57? W, east to 40°44?52.25? N, 73°57?28.08? W, north along the west shore to the Ed Koch Queensboro Bridge at 40°45?18.82? N, 73°57?2.91? W, and back to the point of origin.

(3) Area CHARLIE: All navigable waters of the East River encompassed by a line connecting the following points beginning at 40°45?6.80? N, 73°57?53.45? W, then south along the shore of Manhattan to 40°43?40.29? N, 73°58?18.37? W, across the East River to Brooklyn at 40°43?39.68? N, 73°57?39.74? W, then north along the east shore of the East River to 40°44?52.25? N, 73°57?28.08? W including the navigable waters of Newtown Creek to the Pulaski Bridge, back to the point of origin.

(4) Area DELTA: All navigable waters of the East River encompassed by a line connecting the following points beginning at 40°43?40.29? N, 73°58?18.37? W, then south along the shore of Manhattan to 40°43?06? N, 073°58?25? W, across the East River to Brooklyn at 40°42?57.34? N, 73°58?3.03? W, and north along the shore of Brooklyn To 40°42?15.87? N, 73°59?19.60? W, then along the shore of Brooklyn to 40°42?57.34? N, 73°58?3.03? W, and then back to the point of origin.

(5) Area ECHO: All navigable waters of the East River encompassed by a line connecting the following points beginning at 40°43?06? N, 073°58?25? W, then along the shore to the Manhattan Bridge at 40°42?34.74? N, 73°59?30.65? W, across the East River to Brooklyn at 40°42?15.87? N, 73°59?19.60? W, then along the Brooklyn side of the East River to 40°42?57.34? N, 73°58?3.03? W, and then back to the point of origin. These coordinates are based on (NAD 83).

(6) Moving Protection Zone: A moving protection zone on all navigable waters within a 50 yard radius of the participating barges while they are loaded with explosive material will be enforced from the point of departure within the COTP New York zone until placement at the intended destination. The point of departure will be determined each year prior to enforcement of the moving protection zone and the details will be released through a Broadcast Notice to Mariners.

(b) Definitions. As used in this section:

Designated Representative is any Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer or other officer operating a Coast Guard vessel and a Federal, State and local officer designated by or assisting the Captain of the Port (COTP) New York in the enforcement of this section.

Official Patrol Vessel means any Coast Guard, Coast Guard Auxiliary, Federal, State or local law enforcement vessel assigned or approved by the COTP New York to assist in the enforcement of this section.

Spectator means a person or vessel not registered with the event sponsor as participants or official patrol vessels.

(c) Regulations. (1) In accordance with the special local regulations in § 100.35, entry into, transiting, or anchoring within the limited access area defined in paragraph (a) of this section, is prohibited, unless authorized by the COTP or a designated representative.

(2) All vessels that are authorized by the COTP or a designated representative to enter the limited access areas established in this section must adhere to the following restrictions:

(i) Area ALPHA access is limited to vessels greater than or equal to 20 meters (65.6ft) in length.

(ii) Area BRAVO access is limited to vessels less than 20 meters (65.6ft) in length.

(iii) All vessels are prohibited from entering area CHARLIE without permission from the COTP or a designated representative.

(iv) Area DELTA access is limited to vessels greater than or equal to 20 meters (65.6ft) in length.

(v) Area ECHO access is limited to vessels less than 20 meters (65.6ft) in length.

(vi) All vessels are prohibited from entering the moving protection zone defined in paragraph (a)(6) of this section without permission from the COTP or a designated representative.

(vii) Vessels desiring to utilize any of these limited access areas defined in paragraph (a) of this section must enter the area by 7:30 p.m.

(3) During periods of enforcement all persons and vessels in the limited access areas defined in paragraph (a) of this section must comply with all lawful orders and directions from the COTP New York or the COTP New York’s designated representative.

(4) Vessel operators desiring to enter or operate within a limited access area defined in paragraph (a) of this section should contact the COTP New York at (718) 354-4356 or on VHF 16 to obtain permission.

(5) Spectators or other vessels must not anchor, block, loiter or impede the transit of event participants or official patrol vessels in the limited access area defined in paragraph (a) of this section during the effective dates and times unless authorized by COTP New York or designated representative.

(6) The COTP or a representative will inform the public through local notice to mariners and/or Broadcast Notices to Mariners of the enforcement period for the regulated area as well as any changes of the enforcement times.

(d) Enforcement period. This section will be enforced annually on July 4, from 5:30 p.m. to 11:30 p.m. In the event the fireworks display is postponed due to inclement weather, this section will be enforced on July 5, from 5:30 p.m. to 11:30 p.m.

[USCG-2022-0186, 87 FR 36765, June 21, 2022]