[Federal Register Volume 73, Number 65 (Thursday, April 3, 2008)]
[Proposed Rules]
[Pages 18225-18229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6896]



[[Page 18225]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0219]
RIN 1625-AA00


Safety Zones: Annual Events Requiring Safety Zones in the Captain 
of the Port Buffalo Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Coast Guard proposes establishment of safety zones for 
annual events in the Captain of the Port Buffalo zone. This proposed 
rule consolidates current regulations establishing safety zones for 
annual fireworks events in the former Captain of the Port Cleveland 
Zone and the former Captain of the Port Buffalo Zone. In addition, it 
adds events not previously published in Coast Guard regulations. These 
safety zones are necessary to protect spectators, participants, and 
vessels from the hazards associated with fireworks displays or other 
events.

DATES: Comments and related materials must reach the Coast Guard on or 
before May 5, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2008-0219 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (3) Hand delivery: Room W12-140 on the Ground Floor of the West 
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    (4) Fax: 202-493-2251.

FOR FURTHER INFORMATION CONTACT: CDR Joseph Boudrow, U.S. Coast Guard 
Sector Buffalo; (716) 843-9572.

I. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided. We have an agreement with the 
Department of Transportation (DOT) to use the Docket Management 
Facility. Please see DOT's ``Privacy Act'' paragraph below.

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2008-0219), indicate the specific section of this 
document to which each comment applies, and give the reason for each 
comment. We recommend that you include your name, mailing address, and 
an e-mail address or other contact information in the body of your 
document to ensure that you can be identified as the submitter. This 
also allows us to contact you in the event further information is 
needed or if there are questions. For example, if we cannot read your 
submission due to technical difficulties and you cannot be contacted; 
your submission may not be considered. You may submit your comments and 
material by electronic means, mail, fax, or delivery to the Docket 
Management Facility at the address under ADDRESSES; but please submit 
your comments and material by only one means. If you submit them by 
mail or delivery, submit them in an unbound format, no larger than 8\1/
2\ by 11 inches, suitable for copying and electronic filing. If you 
submit them by mail and would like to know that they reached the 
Facility, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov at 
any time, click on ``Search for Dockets,'' and enter the docket number 
for this rulemaking (USCG-2008-0219) in the Docket ID box, and click 
enter. You may also visit the Docket Management Facility in Room W12-
140 on the ground floor of the DOT West Building, 1200 New Jersey 
Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

C. Privacy Act

    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review the Department of 
Transportation's Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477), or you may visit http://DocketsInfo.dot.gov.

SUPPLEMENTARY INFORMATION:

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Commander, Coast Guard Sector 
Buffalo, at the address under ADDRESSES explaining why one would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    On July 22, 2005, the Coast Guard consolidated the Captain of the 
Port Cleveland zone and the Captain of the Port Buffalo zone into one 
zone re-defining the Captain of the Port Buffalo zone. This proposed 
rule will consolidate the regulations found in 33 CFR 165.202, Safety 
Zones; Annual Fireworks Events in the Captain of the Port Cleveland 
Zone, the regulations found in 33 CFR 165.914, Safety Zones; Annual 
Fireworks Events in the Captain of the Port Buffalo Zone so that all 
the annual fireworks events in the current Captain of the Port Buffalo 
Zone are found in one CFR section. In addition this proposal adds 
events not previously published in the CFR.
    These safety zones are necessary to protect vessels and people from 
the hazards associated with fireworks displays or other events. Such 
hazards include obstructions to the waterway that may cause marine 
casualties and the explosive danger of fireworks and debris falling 
into the water that may cause death or serious bodily harm.

Discussion of Proposed Rule

    The proposed rule and associated safety zones are necessary to 
ensure the safety of vessels and people during annual firework events 
in the Captain of the Port Buffalo area of responsibility that may pose 
a hazard to the public. This proposal consolidates the events listed in 
Sec. Sec.  165.202 and 165.914 into a new section 165.939. This new 
section unites all the annual Firework events in the recently 
consolidated COTP Buffalo zone into one section of the CFR. In 
addition, there are several events that are added and some events that 
have been deleted in this new section.
    The proposed safety zones will be enforced only immediately before, 
during, and after events that pose

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hazard to the public, and only upon notice by the Captain of the Port.
    The Captain of the Port Buffalo will notify the public that the 
zones in this proposal are or will be enforced by all appropriate means 
to the affected segments of the public including publication in the 
Federal Register as practicable, in accordance with 33 CFR 165.7(a). 
Such means of notification may also include, but are not limited to, 
Broadcast Notice to Mariners or Local Notice to Mariners. The Captain 
of the Port will issue a Broadcast Notice to Mariners notifying the 
public when enforcement of the safety zone established by this section 
is cancelled.
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port or the designated representative. Entry 
into, transiting, or anchoring within the safety zone is prohibited 
unless authorized by the Captain of the Port Buffalo, or his designated 
representative. The Captain of the Port or his designated 
representative may be contacted via VHF Channel 16.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary.
    The Coast Guard's use of these safety zones will be periodic, of 
short duration, and designed to minimize the impact on navigable 
waters. These safety zones will only be enforced immediately before, 
during, and after the time the events occur. Furthermore, these safety 
zones have been designed to allow vessels to transit unrestricted to 
portions of the waterways not affected by the safety zones. The Coast 
Guard expects insignificant adverse impact to mariners from the 
activation of these safety zones.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This proposed rule would affect the following entities, some of 
which might be small entities: The owners of operators of vessels 
intending to transit or anchor in the areas designated as safety zones 
in subparagraphs (1) through (28) during the dates and times the safety 
zones are being enforced.
    These safety zones would not have a significant economic impact on 
a substantial number of small entities for the following reasons: This 
proposed rule would be in effect for short periods of time, and only 
once per year, per zone. The safety zones have been designed to allow 
traffic to pass safely around the zone whenever possible and vessels 
will be allowed to pass through the zones with the permission of the 
Captain of the Port.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this proposed rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact CDR Joseph 
Boudrow, Prevention Department, Coast Guard Sector Buffalo, Buffalo, 
NY, at (716) 843-9572. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

Collection of Information

    This proposed rule calls for no new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this proposed rule will not result in such 
expenditure, we nevertheless discuss its effects elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule will not effect the taking of private property 
or otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b) (2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed rule is not an economically significant rule and 
does not create an environmental risk to health or risk to safety that 
may disproportionately affect children.

Indian Tribal Governments

    The Coast Guard recognizes the treaty rights of Native American 
Tribes. Moreover, the Coast Guard is committed to working with Tribal 
Governments to implement local policies and to mitigate tribal 
concerns. We have determined that these safety zones and fishing rights 
protection need not be incompatible. We have also determined that this 
proposed rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes,

[[Page 18227]]

or on the distribution of power and responsibilities between the 
Federal Government and Indian tribes. Nevertheless, Indian Tribes that 
have questions concerning the provisions of this proposed rule or 
options for compliance are encouraged to contact the point of contact 
listed under FOR FURTHER INFORMATION CONTACT.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this section is not likely 
to have a significant effect on the human environment.
    A preliminary ``Environmental Analysis Check List'' supporting this 
preliminary determination is available in the docket where indicated 
under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for Part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public 
Law 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

    2. Add Sec.  165.939 to read as follows:


Sec.  165.939  Safety Zones; Annual Fireworks Events in the Captain of 
the Port Buffalo Zone.

    (a) Safety Zones. The following areas are designated Safety zones 
and are listed geographically from New York to Ohio.
    (1) Boldt Castle 4th of July Fireworks, Heart Island, NY.
    (i) Location. All waters of the St. Lawrence River within a 500-
foot radius of the land position: 44[deg]20'39'' N, 075[deg]55'16'' W; 
at Heart Island, NY. (DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 9pm to 10pm 
on July 4 of each year.
    (2) Clayton Chamber of Commerce Fireworks, Calumet Island, NY.
    (i) Location. All waters of the St. Lawrence River within a 500-
foot radius of land position: 44[deg]15'05'' N, 076[deg]05'35'' W; in 
Calumet Island Harbor, NY. (DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 9 p.m. to 10 
p.m. on July 1 of each year.
    (3) French Festival Fireworks, Cape Vincent, NY.
    (i) Location. All waters of the St. Lawrence River within a 500-
foot radius of land position: 44[deg]07'53'' N, 076[deg]20'02'' W. 
(DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 9:30 p.m. to 
10:30 p.m. on the first or second weekend of July each year.
    (4) Brewerton Fireworks, Brewerton, NY.
    (i) Location. All waters of Lake Oneida within a 500-foot radius of 
barge position: 43[deg]14'15'' N, 076[deg]08'03'' W; in Brewerton, NY. 
(DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 9:30 p.m. to 
10:30 p.m. on the first weekend of July each year.
    (5) Celebrate Baldwinsville Fireworks, Baldwinsville, NY.
    (i) Location. All waters of the Seneca River within a 500-foot 
radius of land position: 43[deg]09'21'' N, 076[deg]20'01'' W. (DATUM: 
NAD 83).
    (ii) Enforcement date. This section is effective from 9:30 p.m. to 
10 p.m. on the third weekend of September each year.
    (6) Island Festival Fireworks Display, Baldwinsville, NY.
    (i) Location. All waters of the Seneca River within a 500-foot 
radius of land position: 43[deg]09'25'' N, 076[deg]20'21'' W; in 
Baldwinsville, NY. (DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 10 p.m. to 
10:30 p.m. on the first weekend of July each year.
    (7) Seneca River Days, Baldwinsville, NY.
    (i) Location. All waters of the Seneca River within a 500-foot 
radius of land position: 43[deg]09'25'' N, 076[deg]20'21'' W; in 
Baldwinsville, NY. (DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 9:30 p.m. to 
10:30 p.m. on the first weekend of July each year.
    (8) Oswego Harborfest, Oswego, NY.
    (i) Location. All waters of Lake Ontario within a 1,000 foot radius 
of barge position: 43[deg]28'10'' N, 076[deg]31'04'' W; in Oswego, NY. 
(DATUM: NAD 83).
    (ii) Enforcement Date. This section is effective from 9 p.m. to 10 
p.m. on the last Saturday in July each year.
    (9) Village Fireworks, Sodus Point, NY.
    (i) Location. All waters of Sodus Bay within a 500-foot radius of 
land position: 43[deg]16'27'' N, 076[deg]58'27'' W; in Sodus Point, NY. 
(DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 10 p.m. to 
10:30 p.m. on the first Saturday in July each year.
    (10) City of Syracuse Fireworks Celebration, Syracuse, NY.
    (i) Location. All waters of Onondaga Lake within a 350-foot radius 
of land position: 43[deg]03'37'' N, 076[deg]09'59'' W; in Syracuse, NY. 
(DATUM: NAD 83).
    (ii) Enforcement Date. This section is effective from 9:30 p.m, to 
10:30 p.m. on the last weekend in June each year.
    (11) Tom Graves Memorial Fireworks, Port Bay, NY.
    (i) Location. All waters of Port Bay within a 500-foot radius of 
barge position: 43[deg]17'46'' N, 076[deg]50'02'' W; in Port Bay, NY. 
(DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 10 p.m. to 
10:30 p.m. on the first weekend in July each year.
    (12) Rochester Harbor and Carousel Festival, Rochester, NY.
    (i) Location. All waters of Lake Ontario within a 500-foot radius 
of land position: 43[deg]15'21'' N, 077[deg]36'19'' W in Rochester, NY. 
(DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 8 p.m. to 10 
p.m. on June 24th of each year.

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    (13) North Tonawanda Fireworks Display, Tonawanda, NY.
    (i) Location. All waters of the East Niagara River within a 500-
foot radius of a barge located at position: 43[deg]01'12'' N, 
078[deg]53'36'' W; in North Tonawanda, NY. (DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 9:45 p.m. to 
10:15 p.m. on July 4th of each year.
    (14) Tonawanda's Canal Fest Fireworks, Tonawanda, NY.
    (i) Location. All waters of the East Niagara River within a 500-
foot radius of barge position: 43[deg]01'12'' N, 078[deg]53'36'' W; in 
Tonawanda, NY. (DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 9:30 p.m. to 
10:30 p.m. on the fourth Sunday in July each year.
    (15) Celebrate Erie Fireworks, Erie, PA.
    (i) Location. All waters of Presque Isle Bay within an 800-foot 
radius of land position: 42[deg]08'19'' N, 080[deg]05'29'' W; at the 
end of Dobbins Landing Pier, Erie, PA. (DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 9:45 p.m. to 
10:30 p.m. on the third weekend in August each year.
    (16) Ashtabula Area Fireworks, Walnut Beach, Ashtabula, OH.
    (i) Location. All waters of Lake Erie and Ashtabula Harbor within a 
300-yard radius of land position: 41[deg]54.167' N, 080[deg]48.416' W; 
in Ashtabula, OH. (DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 9:45 p.m. to 
11 p.m. on the second weekend in July each year.
    (17) Fairport Harbor Mardi Gras, Fairport Harbor, OH.
    (i) Location. All waters of Fairport Harbor and Lake Erie within a 
300-yard radius of land position: 41[deg]45.500' N, 081[deg]16.300' W; 
east of the harbor entrance at Fairport Harbor Beach, OH. (DATUM: NAD 
83).
    (ii) Enforcement date. This section is effective from 9:45 p.m. to 
11 p.m. on the first Saturday of July each year.
    (18) Lake County Perchfest Fireworks, Fairport, OH.
    (i) Location. All waters of Fairport Harbor and Lake Erie within a 
300-yard radius of land position: 41[deg]45.500' N, 081[deg]16.300' W; 
in Fairport, OH. (DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 9:45 p.m. to 
11 p.m. on the second weekend in September each year.
    (19) Mentor Harbor Yacht Club Fireworks, Mentor Harbor, OH.
    (i) Location. All waters of Lake Erie and Mentor Harbor within a 
200-yard radius of 41[deg]43.200' N, 081[deg]21.400' W (west of the 
harbor entrance); in Mentor Harbor, OH. (DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 9:45 p.m. to 
11 p.m. on the first weekend in July each year.
    (20) Browns Football Halftime Fireworks, Cleveland, OH.
    (i) Location. All navigable waters of Cleveland Harbor and Lake 
Erie beginning in approximate land position: 41[deg]30.823' N, 
081[deg]41.620' W (the northwest corner of Burke Lakefront Airport); 
continuing northwest to 41[deg]31.176' N, 081[deg]41.884' W; then 
southwest to 41[deg]30.810' N, 081[deg]42.515' W; then southeast to 
41[deg]30.450' N, 081[deg]42.222' W (the northwest corner of dock 28 at 
the Cleveland Port Authority) then northeast back to the starting point 
at 41[deg]30.823' N, 081[deg]41.620' W. (DATUM: NAD 83).
    (ii) Enforcement date. This section is effective on a Sunday during 
the second or third Cleveland Brown's home game each year.
    (21) City of Cleveland 4th of July Fireworks, Cleveland, OH.
    (i) Location. All navigable waters of Cleveland Harbor and Lake 
Erie within a 400-yard radius of Main Entrance Light 5 (LLNR 4180) at 
position: 41[deg]30.23' N, 081[deg]42.7' W; in Cleveland, OH (DATUM: 
NAD 83).
    (ii) Enforcement date. This section is effective from 9:45 p.m. to 
11 p.m. on the first weekend in July each year.
    (22) Dollar Bank Jamboree Fireworks Display, Cleveland, OH.
    (i) Location. All navigable waters of Cleveland Harbor and Lake 
Erie beginning at land position: 41[deg]30.823' N, 081[deg]41.620' W 
(the northwest corner of Burke Lakefront Airport); continuing northwest 
to 41[deg]31.176' N, 081[deg]41.884' W; then southwest to 
41[deg]30.810' N, 081[deg]42.515' W; then southeast to 41[deg]30.450' 
N, 081[deg]42.222' W (the northwest corner of dock 28 at the Cleveland 
Port Authority) then northeast back to the starting point at 
41[deg]30.823' N, 081[deg]41.620' W. (DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 9:45 p.m. to 
11 p.m. on the first weekend in July each year.
    (23) Lakewood City Fireworks Display, Lakewood,OH.
    (i) Location. All waters of Lake Erie within a 200-yard radius of 
land position: 41[deg]29.755' N, 081[deg]47.780' W (off of Lakewood 
Park); in Lakewood, OH. (DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 9:45 p.m. to 
11 p.m. on the first weekend in July each year.
    (24) Cleveland Yachting Club Fireworks Display, Rocky River, OH.
    (i) Location. All waters of the Rocky River and Lake Erie within a 
200-yard radius of land position 41[deg]29.428' N, 081[deg]50.309' W 
(DATUM: NAD 83) at Sunset Point on the western side of the mouth of the 
Rocky River in Cleveland, OH.
    (ii) Enforcement date. This section is effective from 9:45 p.m. to 
11 p.m. on the third weekend in July each year.
    (25) Lorain 4th of July Celebration Fireworks Display, Lorain, OH.
    (i) Location. All waters of Lorain Harbor within a 300-yard radius 
of land position 41[deg]28.591' N, 082[deg]10.855' W (DATUM: NAD 83), 
east of the harbor entrance on the end of the break wall near Spitzer's 
Marina.
    (ii) Enforcement date. This section is effective from 9:45 p.m. to 
11 p.m. on the first weekend in July each year.
    (26) Lorain Port Fest Fireworks Display, Lorain, OH.
    (i) Location. All waters of Lorain Harbor within a 250-yard radius 
of land position: 41[deg]28.040' N, 082[deg]10.365' W; in Lorain, OH 
(DATUM: NAD 83).
    (ii) Enforcement date. This section is effective from 9:45 p.m. to 
11 p.m. on the third weekend in July each year.
    (b) Definitions. The following definitions apply to this section:
    (1) Designated Representative means any Coast Guard commissioned, 
warrant, or petty officer designated by the Captain of the Port Buffalo 
to monitor a safety zone, permit entry into the zone, give legally 
enforceable orders to persons or vessels within the zones, and take 
other actions authorized by the Captain of the Port.
    (2) Public vessel means vessels owned, chartered, or operated by 
the United States, or by a State or political subdivision thereof.
    (c) Regulations. (1) In accordance with the general regulations in 
section 165.23 of this part, entry into, transiting, or anchoring 
within this safety zone is prohibited unless authorized by the Captain 
of the Port Buffalo, or his designated representative.
    (2)(i) These safety zones are closed to all vessel traffic, except 
as may be permitted by the Captain of the Port Buffalo or his 
designated representative.
    (ii) All persons and vessels must comply with the instructions of 
the Coast Guard Captain of the Port or his designated representative.
    (iii) Upon being hailed by the U.S. Coast Guard by siren, radio, 
flashing light or other means, the operator of a vessel shall proceed 
as directed.
    (3)(i) All vessels must obtain permission from the Captain of the 
Port Buffalo or his designated representative to enter, move within, or 
exit the safety zone established in this section when this safety zone 
is enforced.
    (ii) Vessels and persons granted permission to enter the safety 
zone must obey all lawful orders or directions of

[[Page 18229]]

the Captain of the Port or a designated representative.
    (iii) While within a safety zone, all vessels must operate at the 
minimum speed necessary to maintain a safe course.
    (d) Exemption. Public vessels, as defined in paragraph (b) of this 
section, are exempt from the requirements in this section.
    (e) Waiver. For any vessel, the Captain of the Port Buffalo or his 
designated representative may waive any of the requirements of this 
section, upon finding that operational conditions or other 
circumstances are such that application of this section is unnecessary 
or impractical for the purposes of public or environmental safety.
    (f) Notification. The Captain of the Port Buffalo will notify the 
public that that the zones in this proposal are or will be enforced by 
all appropriate means to the affected segments of the public including 
publication in the Federal Register as practicable, in accordance with 
33 CFR 165.7(a). Such means of notification may also include, but are 
not limited to Broadcast Notice to Mariners or Local Notice to 
Mariners. The Captain of the Port will issue a Broadcast Notice to 
Mariners notifying the public when enforcement of the safety zone 
established by this section is cancelled.


Sec.  165.202  [Removed and Reserved]

    3. Remove and reserve Sec.  165.202.


Sec.  165.914  [Removed and Reserved]

    4. Remove and reserve Sec.  165.914.

    Dated: March 25, 2008.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. E8-6896 Filed 4-2-08; 8:45 am]
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