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Code of Federal Regulations Title 33. Navigation and Navigable Waters § 33.165.T01–1060 Safety Zone, Unionport (Bruckner Expressway) Bridge, Westchester Creek, Bronx, NY

Current as of January 02, 2025 | Updated by Findlaw Staff

(a) Location. The following area is a safety zone:  all waters of Westchester Creek at mile 1.7, from surface to bottom, within a 500–foot radius of the New York State Department of Transportation (NYSDOT) I–95 bridge structures to the north, and south, of the Unionport (Bruckner Expressway) Bridge, construction vessels, and machinery.

(b) Definitions. As used in this section:

Designated representative means any Coast Guard commissioned, warrant, petty officer, or designated Patrol Commander of the U.S. Coast Guard who has been designated by the Captain of the Port, Sector Northern New England (COTP), 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 or approved by the COTP to enforce this section.

(c) Regulations.

(1) The general regulations contained in 33 CFR 165.20 and 165.23 apply.

(2) During periods of enforcement, no person or vessel may enter or remain in the safety zone described in paragraph (a) of this section unless authorized by the the Captain of the Port (COTP) or the COTP's designated representative. However, any vessel that is granted permission by the COTP or the COTP's designated representative must proceed through the area with caution and operate at a speed no faster than that speed necessary to maintain a safe course, unless otherwise required by the Navigation Rules.

(3) During periods of enforcement, any vessels transiting must comply with all orders and directions from the COTP or the COTP's designated representative.

(4) Upon being hailed by a Coast Guard vessel by siren, radio, flashing light or other means, the operator of the vessel must proceed as directed by the Coast Guard.

(5) The COTP will promulgate a notice of the channel closure or restrictions by appropriate means to the affected segments of the public. Such means of notification may include, but are not limited to, LNM and/or Broadcast Notice to Mariners.

(d) Enforcement periods.

(1) This rule will be effective on February 25, 2019, through May 1, 2019, but will only be enforced during the float-in, erection, and installation of two temporary vertical lift spans by barge.

(2) Notice of suspension of enforcement. If enforcement is suspended, the COTP will promulgate a notice of the suspension of enforcement by appropriate means. Such means of notification may include, but are not limited to, Broadcast Notice to Mariners and/or LNM. Such notification will include the approximate date and time enforcement will be suspended as well as the approximate date and time enforcement will resume.

(3) Violations of this regulation may be reported to the COTP at (718) 354–4353 or on VHF–Channel 16.

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Cite this article: FindLaw.com - Code of Federal Regulations Title 33. Navigation and Navigable Waters § 33.165.T01–1060 Safety Zone, Unionport (Bruckner Expressway) Bridge, Westchester Creek, Bronx, NY - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-33-navigation-and-navigable-waters/cfr-sect-33-165-t01-1060/

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