[Code of Federal Regulations] [Title 33, Volume 2] [Revised as of July 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 33CFR165.202] [Page 671-673] TITLE 33--NAVIGATION AND NAVIGABLE WATERS CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) PART 165_REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS--Table of Subpart F_Specific Regulated Navigation Areas and Limited Access Areas Sec. 165.202 Safety Zones: Annual fireworks events in the Captain of the Port Cleveland Zone. (a) Safety zones. The following areas are designated safety zones: (1) City of Cleveland 4th of July Fireworks Display, Cleveland, OH: All navigable waters of Cleveland Harbor and Lake Erie beginning at 41[deg]30.823[min] N, 081[deg]41.620[min] W (the northwest corner of Burke Lakefront Airport); continuing northwest to 41[deg]31.176 N, 081[deg]41.884[min] W; then southwest to 41[deg]30.810[min] N, 081[deg]42.515[min] W; then southeast to 41[deg]30.450[min] N, 081[deg]42.222[min] W (the northwest corner of dock 28 at the Cleveland Port Authority) then northeast back to the starting point at 41[deg]30.443[min] N, 081[deg]41.620[min] W. All geographic coordinates are based upon North American Datum 1983 (NAD 1983). (2) Dollar Bank Jamboree Fireworks Display, Cleveland, OH: All navigable waters of Cleveland Harbor and Lake Erie beginning at 41[deg]30.823[min] N, 081[deg]41.620[min] W (the northwest corner of Burke Lakefront Airport); continuing northwest to 41[deg]31.176 N, 081[deg]41.884[min] W; then southwest to 41[deg]30.810[min] N, 081[deg]42.515[min] W; then southeast to 41[deg]30.450[min] N, 081[deg]42.222[min] W (the northwest corner of dock 28 at the Cleveland Port Authority) then northeast back to the starting point at 41[deg]30.443[min] N, 081[deg]41.620[min] W (NAD 1983). (3) Browns Football Halftime Fireworks Display, Cleveland, OH: All navigable waters of Cleveland Harbor and Lake Erie beginning at 41[deg]30.823[min] N, 081[deg]41.620[min] W (the northwest corner of Burke Lakefront Airport); continuing northwest to 41[deg]31.176 N, 081[deg]41.884[min] W; then southwest to 41[deg]30.810[min] N, 081[deg]42.515[min] W; then southeast to 41[deg]30.450[min] N, 081[deg]42.222[min] W (the northwest corner of dock 28 at the Cleveland Port Authority) then northeast back to the starting point at 41[deg]30.443[min] N, 081[deg]41.620[min] W (NAD 1983). (4) Lakewood City Fireworks Display, Lakewood, OH: All waters and adjacent shoreline of Lake Erie bounded by the arc of a circle with a 500-yard radius with its center approximate position 41[deg]29.755[min] N, 081[deg]47.780[min] W (off of Lakewood Park) (NAD 1983). [[Page 672]] (5) Cleveland Yachting Club Fireworks Display, Rocky River, OH: All waters and adjacent shoreline of the Rocky River and Lake Erie bounded by the arc of a circle with a 200-yard radius with its center at Sunset Point on the western side of the mouth of the Rocky River in approximate position 41[deg]29.428[min] N, 081[deg]50.309[min] W (NAD 1983). (6) Lorain 4th of July Celebration Fireworks Display, Lorain, OH: The waters of Lorain Harbor bounded by the arc of a circle with a 300- yard radius with its center east of the harbor entrance on the end of the break wall near Spitzer's Marina in approximate position 41[deg]28.591[min] N, 082[deg]10.855[min] W (NAD 1983). (7) Lorain Port Fest Fireworks Display, Lorain, OH: All waters and adjacent shoreline of Lorain Harbor bounded by the arc of a circle with a 250-yard radius with its center at approximate position 41[deg]28.040[min] N, 082[deg]10.365[min] W (NAD 1983). (8) Mentor Harbor Yacht Club Fireworks Display, Mentor, OH: All waters and adjacent shoreline of Lake Erie and Mentor Harbor bounded by the arc of a circle with a 200-yard radius with its center in approximate position 41[deg]43.200[min] N, 081[deg]21.400[min] W (west of the harbor entrance) (NAD 1983). (9) Fairport Mardi Gras Fireworks Display, Fairport Harbor, OH: All waters and adjacent shoreline of Fairport Harbor and Lake Erie bounded by the arc of a circle with a 300-yard radius with its center east of the harbor entrance at Fairport Harbor Beach in approximate position 41[deg]45.500[min] N, 081[deg]16.300[min] W (NAD 1983). (10) Ashtabula Area Fireworks Display, Ashtabula, OH: All waters and adjacent shoreline of Lake Erie and Ashtabula Harbor bounded by the arc of a circle with a 300-yard radius with its center west of the harbor in approximate position 41[deg]54.167[min] N, 080[deg]48.416[min] W (NAD 1983). (b) Notification. Captain of the Port Cleveland will cause notice of the enforcement of these safety zones to be made by all appropriate means to effect the widest publicity among the affected segments of the public, including publication on the local notice to mariners, marine information broadcasts, and facsimile. Fireworks barges used in these locations will also have a sign on their port and starboard side labeled ``FIREWORKS-STAY AWAY''. This sign will consist of 10[sec] high by 1.5[sec] wide red lettering on a white background. Shore sites used in these locations will display a sign labeled ``FIREWORKS-STAY AWAY'' with the same dimensions. (c) Enforcement period. This section will be enforced from 6 p.m. (local) to 1 a.m. (local) each day a barge with ``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 paragraph (a) of this section. Vessels may enter, remain in, or transit through these safety zones during this time frame if authorized by the Captain of the Port Cleveland or the designated Coast Guard Patrol Commander on scene. (d) Regulations. (1) The general regulations contained in 33 CFR 165.23 apply. (2) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or the designated on scene Patrol Commander. Coast Guard patrol personnel include commissioned, warrant, and petty officers of the U.S. Coast Guard. Upon being hailed by a U.S. Coast Guard vessel via siren, radio, flashing light, or other means, the operator shall proceed as directed. (3) Several of the safety zones in this regulation encompass portions commercial navigation channels but are not expected to adversely affect shipping. In cases where shipping is affected, commercial vessels may request permission from the Patrol Commander or Captain of the Port to transit the safety zone. Approval will be made on a case-by-case basis. Requests must be made in advance and approved by the Captain of the Port before transits will be authorized. The Captain of the Port may be contacted via the U.S. Coast Guard Patrol Commander (PAT COM) on Channel 16, VHF-FM. [CGD09-03-202, 69 FR 43750, July 22, 2004] [[Page 673]] Fifth Coast Guard District