§ 165.T01-0727 - Regulated Navigation Area; Arthur Kill, NY and NJ.

(a) Regulated area. The following area is a regulated navigation area: all waters of the North of Shooters Island Reach, Elizabethport Reach, and Gulfport Reach in the Arthur Kill; bounded in the northeast by a line drawn from position 40°38′48.637″ N, 074°09′18.204″ W; to a point in position 40°38′37.815″ N, 074°09′20.245″ W; and bounded in the southwest by a line drawn from position 40°37′15.643″ N, 074°12′15.927″ W; to a point in position 40°37′15.779″ N, 074°12′08.0622″ W. All geographic coordinates are North American Datum of 1983 (NAD 83).

(b) Regulations. (1) The general regulations contained in 33 CFR 165.13 apply.

(2) All vessels must remain at least 150 feet from all drilling and blasting equipment; if a vessel must pass within 150 feet of drilling and blasting equipment for reasons of safety, they shall contact the dredge and/or blasting barge on Channel 13.

(3) No vessel shall enter or transit any work area where drill barges and/or dredges are located without the permission of Vessel Traffic Service New York (VTSNY) Director.

(4) No vessel may be underway within 1,500 feet of the blasting area during blasting operations.

(5) No vessel shall enter an area of drilling or blasting when they are advised by the drilling barge or VTSNY that a misfire or hang fire has occurred.

(6) Vessel Movement Reporting System (VMRS) users are prohibited from meeting or overtaking other vessels when transiting alongside an active work area where dredging and drilling equipment are being operated.

(7) Each vessel transiting in the vicinity of a work area where dredges are located is required to do so at reduced speed to maintain maneuverability while minimizing the effects of wake and surge.

(8) The VTSNY Director may impose additional requirements through VTS measures, as per 33 CFR 161.11.

(9) Suspension of enforcement: the Captain of the Port (COTP) New York will cause notice of enforcement, suspension of enforcement, or closure of the waterway to be made by all appropriate means to achieve the widest distribution among the affected segments of the public. Such means of notification may include, but are not limited to, Broadcast Notice to Mariners, Local Notice to Mariners and Vessel Traffic Service New York (VTSNY). Such notification will include the date and time that enforcement is suspended as well as the date and time that enforcement will resume.

(c) Effective period. This rule is effective from 8 a.m. on August 12, 2011 until 5 p.m. on April 1, 2014.

Effective Date Note: By USCG-2011-0727, 76 FR 52572, Aug. 23, 2011, temporary §165.T01-0727 was added, effective Aug. 23, 2011 until 5 p.m. on Apr. 1, 2014. At 77 FR 1025, Jan. 9, 2012, paragraph (b)(9) was added, effective Jan. 9, 2012 until 5 p.m. on Apr. 1, 2014.