(a) Location. The following area is a safety zone: All waters from surface to bottom of Mill Basin within 200 yards of the Shore (Belt) Parkway Mill Basin bridge, east of a line drawn from 40°36′24.29″ N., 073°54′02.59″ W. to 40°36′11.36″ N., 073°54′04.69″ W., and west of a line drawn from 40°36′21.13″ N., 073°53′47.38″ W. to 40°36′11.59″ N., 073°53′48.88″ W.
(b) Definitions. The following definitions apply to this section:
(1) Designated representative. A “designated representative” is any Coast Guard commissioned, warrant or petty officer of the U.S. Coast Guard who has been designated by the Captain of the Port (COTP) New York, 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.
(2) Official patrol vessels. Official patrol vessels may consist of any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the COTP.
(c) Enforcement periods.
(1) This safety zone is in effect permanently starting January 7, 2016, but will only be enforced when deemed necessary by the COTP.
(2) The COTP will rely on the methods described in § 165.7 to notify the public of the enforcement of this safety zone. Such notifications will include the date and times of enforcement, along with any pre-determined conditions of entry.
(2) During periods of enforcement, all persons and vessels must comply with all orders and directions from the COTP or a COTP's designated representative.
(3) During periods of enforcement, upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing light, or other means, the operator of the vessel must proceed as directed.
[USCG-2014-1044, 80 FR 76209, Dec. 8, 2015]