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(continued)

(2) The Ft. Calhoun and Cooper security zones include a portion of the navigable channel of the Missouri River. All vessels that may safely navigate outside of the channel are prohibited from entering the security zone without the express permission of the Captain of the Port St. Louis or designated representative. Vessels that are required to use the channel for safe navigation are authorized entry into the zone but must remain within the channel unless expressly authorized by the Captain of the Port St. Louis or designated representative.

(3) Persons or vessels requiring the Captain of the Port St. Louis' permission to enter the security zones must contact the Coast Guard Group Upper Mississippi River at telephone number 319 524–7511 or on VHF marine channel 16 or Marine Safety Detachment Quad Cities at telephone number 309 782–0627 or the Captain of the Port, St. Louis at telephone number 314 539–3091, ext. 3500 in order to seek permission to enter the security zones. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port, St. Louis or designated representative.

(4) Designated representatives are commissioned, warrant, and petty officers of the U.S. Coast Guard.

(c) Authority. In addition to 33 U.S.C. 1231, the authority for this section includes 33 U.S.C. 1226.

[COTP St. Louis–02–005, 67 FR 64043, Oct. 17, 2002]

§ 165.830 Regulated Navigation Area; Reporting Requirements for Barges Loaded with Certain Dangerous Cargoes, Inland Rivers, Eighth Coast Guard District.
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(a) Regulated Navigation Area. The following waters are a regulated navigation area (RNA): the Mississippi River above mile 235.0, Above Head of Passes, including all its tributaries; the Atchafalaya River above mile 55.0, including the Red River; the Ohio River and all its tributaries; and the Tennessee River from its confluence with the Ohio River to mile zero on the Mobile River and all other tributaries between these two rivers.

(b) Applicability. This section applies to towing vessel operators and fleeting area managers responsible for CDC barges in the RNA. This section does not apply to:

(1) Towing vessel operators responsible for barges not carrying CDCs barges, or

(2) Fleet tow boats moving one or more CDC barges within a fleeting area.

(c) Definitions. As used in this section—

Barge means a non-self propelled vessel engaged in commerce, as set out in 33 CFR 160.204.

Certain Dangerous Cargo or (CDC) includes any of the following:

(1) Division 1.1 or 1.2 explosives as defined in 49 CFR 173.50.

(2) Division 1.5D blasting agents for which a permit is required under 49 CFR 176.415 or, for which a permit is required as a condition of a Research and Special Programs Administration exemption.

(3) Division 2.3 “poisonous gas”, as listed in 49 CFR 172.101 that is also a “material poisonous by inhalation” as defined in 49 CFR 171.8, and that is in a quantity in excess of 1 metric ton per barge.

(4) Division 5.1 oxidizing materials for which a permit is required under 49 CFR 176.415 or, for which a permit is required as a condition of a Research and Special Programs Administration exemption.

(5) A liquid material that has a primary or subsidiary classification of Division 6.1 “poisonous material” as listed in 49 CFR 172.101 that is also a “material poisonous by inhalation”, as defined in 49 CFR 171.8 and that is in a bulk packaging, or that is in a quantity in excess of 20 metric tons per barge when not in a bulk packaging.

(6) Class 7, “highway route controlled quantity” radioactive material or “fissile material, controlled shipment”, as defined in 49 CFR 173.403.

(7) Bulk liquefied chlorine gas and bulk liquefied gas cargo that is flammable and/or toxic and carried under 46 CFR 154.7.

(8) The following bulk liquids—

(i) Acetone cyanohydrin,

(ii) Allyl alcohol,

(iii) Chlorosulfonic acid,

(iv) Crotonaldehyde,

(v) Ethylene chlorohydrin,

(vi) Ethylene dibromide,

(vii) Methacrylonitrile,

(viii) Oleum (fuming sulfuric acid), and

(ix) Propylene oxide.

CDC barge means a barge containing CDCs or CDC residue.

Downbound means the tow is traveling with the current.

Eighth Coast Guard District means the Coast Guard District as set out in 33 CFR 3.40–1.

Fleeting area means any fleet, including any facility, located within the area covered by one single port.

Fleet tow boat means any size vessel that is used to move, transport, or deliver a CDC barge within a fleeting area.

Inland River Vessel Movement Center or (IRVMC) means the Coast Guard office that is responsible for collecting the information required by this section.

Towing vessel means any size vessel that is used to move, transport, or deliver a CDC barge to a fleet or facility that is located in a different port than where the voyage originated.

Towing vessel operator means the Captain or pilot who is on watch on board a towing vessel.

Upbound means the tow is traveling against the current.

(d) Regulations. The following must report to the Inland River Vessel Movement Center (IRVMC):

(1) The towing vessel operator responsible for one or more CDC barges in the RNA must report all the information items specified in table 165.830(f), in paragraph (f) of this section, to the IRVMC:

(i) Upon point of entry into the RNA with one or more CDC barges;

(ii) Four hours before originating a voyage within the RNA with one or more CDC barges, except if the evolution of making up a tow with a CDC barge will take less than four hours before originating a voyage, and the towing vessel operator did not receive the order to make up a tow with a CDC barge in advance of four hours before originating the voyage with one or more CDC barges, in which case the towing vessel operator shall submit the required report to the IRVMC as soon as possible after receiving orders to make up a tow with one or more CDC barges;

(iii) Upon dropping off one or more CDC barges at a fleeting area or facility;

(iv) Upon picking up one or more additional CDC barges from a fleeting area or facility;

(v) At designated reporting points, set forth in paragraph (e) of this section;

(vi) When the estimated time of arrival (ETA) to a reporting point varies by 6 hours from the previously reported ETA;

(vii) Any significant deviation from previously reported information;

(viii) Upon departing the RNA with one or more CDC barges; and

(ix) When directed by the IRVMC.

(2) The fleeting area manager responsible for one or more CDC barges in the RNA must report all the information items specified in table 165.830(g), in paragraph (g) of this section, to the IRVMC:

(i) Once daily, report all CDC barges within the fleeting area;

(ii) Upon moving one or more CDC barges within a fleeting area by a fleet tow boat;

(iii) Any significant deviation from previously reported information; and

(iv) When directed by the IRVMC.

(3) Reports required by this section may be made by a company representative or dispatcher on behalf of the fleeting area manager.

(4) Reports required by this section must be made to the IRVMC either by telephone to (866) 442–6089, by fax to (866) 442–6107, or by e-mail to irvmc@cgstl.uscg.mil. A reporting form and e-mail link are available at http://www.uscg.mil/d8/Divs/M/IRVMC.htm.

(5) The general regulations contained in 33 CFR 165.13 apply to this section.

(e) Eighth Coast Guard District Inland River RNA Reporting points. Towing vessel operators responsible for one or more CDC barges in the RNA must make reports to the IRVMC at each point listed in this paragraph (e):


(1) Lower Mississippi River (LMR), between Mile Markers (M):

(i) M 235.0–240.0 (Entering & Exiting RNA)

(ii) M 338.0–343.0

(iii) M 430.0–435.0

(iv) M 520.0–525.0

(v) M 621.0–626.0

(vi) M 695.0–700.0

(vii) M 772.0–777.0

(viii) M 859.0–864.0

(ix) M 945.0–950.0

(2) Upper Mississippi River (UMR), between Mile Markers (M) and Departing Lock & Dam (L&D), unless otherwise indicated:

(i) L&D 3

(ii) L&D 4

(iii) L&D 8

(iv) L&D 11

(v) L&D 14

(vi) L&D 18

(vii) L&D 21

(viii) L&D 25

(ix) Arriving Melvin Price L&D (downbound)

(x) Departing Melvin Price L&D (upbound)

(xi) M 150.0–145.0

(xii) M 66.0–61.0

(3) Missouri River (MOR), between Mile Markers (M):

(i) M 54.0–56.0

(ii) M 115.0–117.0

(iii) M 208.0–210.0

(iv) M 326.0–328.0

(v) M 397.0–399.0

(vi) M 487.0–489.0

(vii) M 572.0–574.0

(viii) M 652.0–654.0

(ix) M 745.0–750.0

(4) Illinois River (ILR), at Mile Marker (M) and Lock & Dam (L&D), as indicated:

(i) M 0.0

(ii) Departing New LaGrange L&D

(iii) M 140.0

(iv) M 187.2 (Entering & Exiting RNA)

(5) Ohio River, between Mile Markers (M) and at Lock & Dam (L&D), as indicated:

(i) M 950.0–952.0

(ii) Arriving Smithland L&D

(iii) M 826.0–828.0

(iv) M 748.0–750.0

(v) M 673.0–675.0

(vi) M 628.0–630.0

(vii) M 556.0–559.0

(viii) M 511.0–513.0

(ix) Departing Capt Anthony Meldahl L&D

(x) Arriving Greenup L&D (upbound)

(xi) Departing Greenup L&D (downbound)

(xii) Departing Robert C. Byrd L&D (upbound)

(xiii) Arriving Robert C. Bryd L&D (downbound)

(xiv) Departing Belleville L&D

(xv) Departing Hannibal L&D

(xvi) Departing Montgomery L&D

(6) Allegheny River at Lock & Dam (L&D), as indicated:

(i) Departing L&D 4 (upbound)

(ii) Arriving L&D 4 (downbound)

(7) Monongahela River Departing Lock & Dam (L&D):

(i) Grays Landing L&D

(ii) L&D 3

(8) Kanawha River, at Lock & Dam (L&D), as indicated:

(i) Arriving Winfield L&D (upbound)

(ii) Departing Winfield L&D (downbound)

(9) Cumberland River, between Mile Markers (M) and Departing Lock & Dam (L&D), unless otherwise indicated:

(i) Departing Old Hickory L&D (upbound)

(ii) Arriving Old Hickory L&D (downbound)

(iii) M 127.0–129.0

(iv) Barkley L&D

(10) Tennessee River, between Mile Markers (M) and when Departing Lock & Dam (L&D), unless otherwise indicated:

(i) Fort Loudon L&D

(ii) Watts Bar L&D

(iii) Departing Chickamauga L&D (upbound)

(iv) Arriving Chickamauga L&D (downbound)

(v) Nickajack L&D

(vi) Gunterville L&D

(vii) General Joe Wheeler L&D

(viii) Pickwick Landing L&D

(ix) M 122.0–124.0

(x) Kentucky L&D

(11) Tennessee-Tombigbee River, between Mile Markers (M) and when Departing Lock & Dam (L&D):

(i) Lock D

(ii) Aberdeen L&D

(iii) Aliceville L&D

(iv) M 202.0–203.0

(v) Coffeeville L&D

(12) Mobile River, at Mile Marker (M):

(i) 0.0 (Entering & Exiting RNA)

(ii) [Reserved]

(13) Black Warrior River, when Departing L&D:

(i) Holt L&D

(ii) [Reserved]

(14) Alabama River, when Departing L&D:

(i) Claiborne L&D

(ii) Henry L&D

(15) McClellan-Kerr Arkansas River Navigation System, when Departing Lock & Dam (L&D), unless otherwise indicated:

(i) Chouteau L&D

(ii) W.D. Mayo L&D

(iii) Ozark-Jeta Taylor L&D

(iv) L&D 9

(v) Arriving David D. Terry L&D (upbound)

(vi) Departing David D. Terry L&D (downbound)

(vii) L&D 2

(16) Red River, between Mile Markers (M) and when Departing Lock & Dam (L&D):

(i) L.C. Boggs L&D

(ii) Lock 3

(iii) M 178.0–180.0

(17) Atchafalaya River, at Mile Marker (M):

(i) 55.0 (Entering & Exiting RNA)

(ii) [Reserved]


(f) Information to be reported to the IRVMC by towing vessel operators. With the exception noted in paragraph (d)(1)(ii) of this section, towing vessel operators responsible for one or more CDC barges in the RNA must report all the information required by this section as set out in table 165.830(f) of this paragraph.


Table 165.830(f)_Information To Be Reported to the IRVMC by Towing Vessel Operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Name and
Estimated location of Estimated
time of destination of time of
24-hour Name of Barge(s) Type, name departure CDC barge arrival
contact vessel name and and amount from (fleeting area Reporting (ETA) to
number moving official of CDC fleeting or facility), point next
barge(s) number onboard area or including reporting
facility estimated time point (If
of arrival applicable)
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Upon point of entry into the RNA X X X X ............ X X X
with a CDC barge....................
(2) 4 hours before to originating a X X X X X X ............ X
voyage within the RNA with one or
more CDC barges; but see exception
in paragraph (d)(1)(ii) of this
section
(3) Upon dropping off one or more CDC ............ X X ............ ............ ............... ............ ............
barges at a fleeting area or
facility
(4) Upon picking up one or more ............ X X X ............ ............... ............ ............
additional CDC barges from a
fleeting area or facility
(5) At designated reporting points in ............ X X (\1\) ............ (\1\) X X
table 165.830(e)....................
(6) When ETA to a reporting point ............ X (\1\) (\1\) ............ ............... ............ X
varies by 6 hours from previously
reported ETA........................
(7) Any significant deviation from X X X X X X X X
previously reported information (all
that apply).........................
(8) Upon departing the RNA with a CDC ............ X X ............ ............ ............... X ............
barge(s)............................
(9) When directed by the IRVMC....... X X X X X X X X
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ If changed.


(g) Information to be reported to the IRVMC by fleeting area managers. Fleeting area managers responsible for one or more CDC barges in the RNA must report the information required by this section as set out in table 165.830(g) of this paragraph.


Table 165.830(g)_Information To Be Reported to the IRVMC by Fleeting Area Managers
----------------------------------------------------------------------------------------------------------------
Type, name and Location of CDC
24-hour contact Barge(s) name and amount of CDC barge (fleeting
number official number onboard area or facility)
----------------------------------------------------------------------------------------------------------------
(1) Once daily, all CDC barges in a X X X X
fleeting area......................
(2) Upon moving one or more CDC ................. X X X
barges within a fleeting area by a
fleet tow boat.....................
(3) Any significant deviation from X X X X
previously reported information
(all that apply)...................
(4) When directed by the IRVMC...... X X X X
----------------------------------------------------------------------------------------------------------------


(h) Alternative reporting. The Eighth Coast Guard District Commander may consider and approve alternative methods to be used by a reporting party to meet any reporting requirements if—

(1) the request is submitted in writing to Commander, Eighth Coast Guard District (m), Hale Boggs Federal Bldg., 501 Magazine Street, New Orleans, LA 70130; and

(2) the alternative provides an equivalent level of the reporting that which would be achieved by the Coast Guard with the required check-in points.

(i) Deviation from this section is prohibited unless specifically authorized by the Commander, Eighth Coast Guard District or the IRVMC.

(Approved by the Office of Management and Budget under OMB control number 1625–0105)
[CDG08–03–029, 68 FR 57363, Oct. 3, 2003; 68 FR 63988, Nov. 12, 2003, as amended at 68 FR 69959, Dec. 16, 2003]

§ 165.835 Security Zone; Port of Mobile, Mobile Ship Channel, Mobile, AL.
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(a) Definition. As used in this section—

Cruise ship means a passenger vessel over 100 gross tons, carrying more than 12 passengers for hire, making a voyage lasting more than 24 hours any part of which is on the high seas, and for which passengers are embarked or disembarked in the United States or its territories. This definition covers passenger vessels that must comply with 33 CFR parts 120 and 128.

(b) Location. The following areas are security zones: all waters of the Port of Mobile and Mobile Ship Channel—

(1) Within 100 yards of a cruise ship that is transiting shoreward of the Mobile Sea Buoy (located in approximate position 28°07'50" N, 88°04'12" W; NAD 83), and

(2) Within 25 yards of a cruise ship that is moored shoreward of the Mobile Sea Buoy.

(c) Periods of enforcement. This rule will only be enforced when a cruise ship is transiting the Mobile Ship Channel shoreward of the Mobile Sea Buoy, while transiting in the Port of Mobile, or while moored in the Port of Mobile. The Captain of the Port Mobile or a designated representative would inform the public through broadcast notice to mariners of the enforcement periods for the security zone.

(d) Regulations. (1) Under §165.33 of this part, entry into a security zone is prohibited unless authorized by the Captain of the Port Mobile or a designated representative.

(2) While a cruise ship is transiting on the Mobile Ship Channel shoreward of the Mobile Sea Buoy, and while transiting in the Port of Mobile, all persons and vessels are prohibited from entering within 100 yards of a cruise ship.

(3) While a cruise ship is moored in the Port of Mobile, all persons and vessels are prohibited from entering within 25 yards of a cruise ship.

(4) Persons or vessels that desire to enter into the security zone for the purpose of passing or overtaking a cruise ship that is in transit on the Mobile Ship Channel or in the Port of Mobile must contact the on-scene Coast Guard representative, request permission to conduct such action, and receive authorization from the on-scene Coast Guard representative prior to initiating such action. The on-scene Coast Guard representative may be contacted on VHF–FM channel 16.

(5) All persons and vessels authorized to enter into this security zone must obey any direction or order of the Captain of the Port or designated representative. The Captain of the Port Mobile may be contacted by telephone at (251) 441–5976. The on-scene Coast Guard representative may be contacted on VHF–FM channel 16.

(6) All persons and vessels shall comply with the instructions of the Captain of the Port Mobile and designated on-scene U.S. Coast Guard patrol personnel. On-scene Coast Guard patrol personnel include commissioned, warrant, and petty officers of the U.S. Coast Guard.

[COTP Mobile–04–057, 70 FR 20813, Apr. 22, 2005]

Ninth Coast Guard District
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§ 165.901 Great Lakes—regulated navigation areas.
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(a) Lake Huron. The following are regulated navigation areas:

(1) The waters of Lake Huron known as South Channel between Bois Blanc Island and Cheboygan, Michigan; bounded by a line north from Cheyboygan Crib Light (LL–1340) at 45°39'48" N, 84°27'36" W; to Bois Blanc Island at 45°43'42" N, 84°27'36" W; and a line north from the mainland at 45°43'00" N, 84°35'30" W; to the western tangent of Bois Blanc Island at 45°48'42" N, 84°35'30" W.

(2) The waters of Lake Huron between Mackinac Island and St. Ignace, Michigan, bounded by a line east from position 45°52'12" N, 84°43'00" W; to Mackinac Island at 45°52'12" N, 84°39'00" W; and a line east from the mainland at 45°53'12" N, 84°43'30" W; to the northern tangent of Mackinac Island at 45°53'12" N, 84°38'48" W.

(b) Lake Michigan. The following is a regulated navigation area—The waters of Lake Michigan known as Gray's Reef Passage bounded by a line from Gray's Reef Light (LL–2006) at 45°46'00" N, 85°09'12" W; to White Shoals Light (LL–2003) at 45°50'30" N, 85°08'06" W; to a point at 45°49'12" N, 85°04'48" W; then to a point at 45°45'42" N, 85°08'42" W; then to the point of beginning.

(c) Regulations. The COTP, Sault Ste. Marie, will close and open these regulated navigation areas as ice conditions dictate. Under normal seasonal conditions, only one closing each winter and one opening each spring are anticipated. Prior to the closing or opening of the regulated navigation areas, the COTP will give interested parties, including both shipping interests and island residents, not less than 72 hours notice of the action. No vessel may navigate in a regulated navigation area which has been closed by the COTP. Under emergency conditions, the COTP may authorize specific vessels to navigate in a closed regulated navigation area.

[CGD 79–034, 47 FR 29660, July 8, 1982, as amended by CGD 79–026, 48 FR 35408, Aug. 4, 1983]

§ 165.902 Niagara River at Niagara Falls, New York—safety zone.
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(a) The following is a safety zone—The United States waters of the Niagara River from the crest of the American and Horseshoe Falls, Niagara Falls, New York to a line drawn across the Niagara River from the downstream side of the mouth of Gill Creek to the upstream end of the breakwater at the mouth of the Welland River.

§ 165.903 Safety Zones: Cuyahoga River and Old River, Cleveland, OH.
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(a) Location. The waters of the Cuyahoga River and the Old River extending ten feet into the river at the following eleven locations, including the adjacent shorelines, are safety zones, coordinates for which are based on NAD 83.

(1) From the point where the shoreline intersects longitude 81°42'24.5" W, which is the southern side of the Norfolk and Southern No. 1 railroad bridge, southeasterly along the shore for six hundred (600) feet to the point where the shoreline intersects longitude 81°42'24.5" W, which is the Holy Moses Water Taxi Landing at Fado's Restaurant.

(2) One hundred (100) feet downriver to one hundred (100) feet upriver from 41 degrees 29'53.5" N, 81 degrees 42'33.5" W, which is the knuckle on the north side of the Old River entrance at Ontario Stone.

(3) Fifty (50) feet downriver to fifty (50) feet upriver from 41 degrees 29'48.4" N, 81 degrees 42'44" W, which is the knuckle adjacent to the Ontario Stone warehouse on the south side of the Old River.

(4) From 41 degrees 29'51.1" N, 81 degrees 42'32.0" W, which is the corner of Christie's Cabaret pier at Sycamore Slip on the Old River, to fifty (50) feet east of 41 degrees 29'55.1" N, 81 degrees 42'27.6" W, which is the north point of the pier at Shooter's Restaurant on the Cuyahoga River.

(5) Twenty-five (25) feet downriver to twenty-five (25) feet upriver of 41 degrees 29'48.9" N, 81 degrees 42'10.7" W, which is the knuckle toward the downriver corner of the Nautica Stage.

(6) Ten (10) feet downriver to ten (10) feet upriver of 41 degrees 29'45.5" N, 81 degrees 42'9.7" W, which is the knuckle toward the upriver corner of the Nautica Stage.

(7) The fender on the west bank of the river at 41 degrees 29'45.2" N, 81 degrees 42.10" W, which is the knuckle at Bascule Bridge (railroad).

(8) The two hundred seventy (270) foot section on the east bank of the river between the Columbus Road bridge (41 degrees 29'18.8" N, 81 degrees 42'02.3W) downriver to the chain link fence at the upriver end of the Commodores Club Marina.

(9) Fifty (50) feet downriver of twenty-five (25) feet upriver from 41 degrees 29'24.5" N, 81 degrees 41'57.2" W, which is the knuckle at the Upriver Marine fuel pump.

(10) Seventy-five (75) feet downriver to seventy-five (75) feet upriver from 41 degrees 29'33.7" N, 81 degrees 41'57.5" W. which is the knuckle adjacent to the warehouse at Alpha Precast Products (United Ready Mix).

(11) Fifteen (15) feet downriver to fifteen (15) feet upriver from 41 degrees 29'41" N, 81 degrees 41'38.6" W, which is the end of the chain link fence between The Club Mega and Shippers C & D.

(b) Regulations—(1) General Rule. Except as provided below, entry of any kind or for any purpose into the foregoing zones is strictly prohibited in accordance with the general regulations in §165.23 of this part.

(2) Exceptions. Any vessel may transit, but not moor, stand or anchor in, the foregoing zones as necessary to comply with the Inland Navigation Rules or to otherwise facilitate safe navigation. Cargo vessels of 1600 gross tons (GT) or greater may moor in these zones when conducting cargo transfer operations.

(3) Waivers. Owners or operators of docks wishing a partial waiver of these regulations may apply to the Captain of the Port, Cleveland, Ohio. Partial waivers will only be considered to allow for the mooring of vessels in a safety zone when vessels of 1600 GT on greater are not navigating in the proximate area. Any requests for a waiver must include a plan to ensure immediate removal of any vessels moored in a safety zone upon the approach of a vessel(s) 1600 GTs or greater.

[COTP Cleveland REG 89–01, 54 FR 9778, Mar. 8, 1989, as amended by CGD 09–95–018, 61 FR 37685, July 19, 1996; USCG–2000–7223, 65 FR 40059, June 29, 2000; USCG–2001–9286, 66 FR 33642, June 25, 2001]

§ 165.904 Lake Michigan at Chicago Harbor & Burnham Park Harbor—Safety and Security Zone.
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(a) Location. All waters, waterfront facilities, and shoreline areas within 1000 yards of the shoreline surrounding Merrill C. Meigs Airfield constitute a safety and security zone. This includes all waters including Burnham Park Harbor and the southern part of Chicago Harbor, Lake Michigan, bounded by the following coordinates:

(1) Northwest point: 41°52'33" N, 87°36'58" W

(2) Northeast point: 41°52'33" N, 87°35'41" W

(3) Southeast point: 41°50'42" N, 87°35'41" W

(4) Southwest point: 41°50'42" N, 87°36'33" W

(5) From the southwest point, north along the Lake Michigan shoreline, including Burnham Park Harbor, to the northwest point.

(b) Effective times and dates. This safety and security zone will be in effect at various times to be published in the Coast Guard Local Notice to Mariners or broadcasted via Marine Radio VHF-FM Channels 16 & 22. These times will include the actual effective time and date and the termination time and date.

(c) Restrictions. (1) In accordance with the general regulations in section 165.23 and 165.33 of this part, entry into this zone is prohibited, unless authorized by the U.S. Coast Guard Captain of the Port, Chicago, or the U.S. Secret Service. Other general requirements in §§165.23 and 165.33 also apply. Further, no person may enter or remain in the shoreline areas of the established safety and security zone, unless cleared by a Coast Guard or U.S. Secret Service official.

(2) Vessels in Burnham Park Harbor at the commencement of the safety and security zone must be moored and remain moored while the safety and security zone is established, unless authorized to get underway by a Coast Guard or U.S. Secret Service official.

(3) No person may engage in swimming, snorkeling, or diving within the established safety and security zone, except with the permission of the Captain of the Port or U.S. Secret Service.

[CGD09–94–005, 59 FR 45227, Sept. 1, 1994]

§ 165.905 USX Superfund Site Safety Zones: St. Louis River.
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(a) The following areas of the St. Louis River, within the designated boxes of latitude and longitude, are safety zones:

(1) Safety Zone #1 (North Spirit Lake):


North Boundary: 46°41'33" W

South Boundary: 46°41'18" W

East Boundary: 92°11'53" W

West Boundary: 92°12'11" W


(2) Safety Zone #2 (South Spirit Lake):


North Boundary: 46°40'45" N

South Boundary: 46°40'33" N

East Boundary: 92°11'40" W

West Boundary: 92°12'05" W


(b) Transit of vessels through the waters covered by these zones is prohibited. Swimming (including water skiing or other recreational use of the water which involves a substantial risk of immersion in the water) or taking of fish (including all forms of aquatic animals) from the waters covered by these safety zones is prohibited at all times.

[CGD09–95–026, 60 FR 52862, Oct. 11, 1995]

§ 165.906 Lakeside Yacht Club in Cleveland Harbor, Cleveland, OH—regulated navigation areas.
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(a) Restricted Areas. The following are areas inside Cleveland Harbor which are subject to navigational restrictions based on the height of vessel masts as specified in paragraph (b) of this section. For the purpose of this section, the term “mast” will be used to include masts, antennae or any other portion of the vessel extending above the waterline. All of these areas are inside the “Lakeside Yacht Club entrance channel,” defined as the water area between the Lakeside Yacht Club jetties and the Burke Lakefront Airport landfill, or inside the “Lakeside Yacht Club docks,” defined as the docking area inside the Lakeside Yacht Club jetties and immediately adjacent to Lakeside Yacht Club.

(1) Restricted area no. 1. Restricted area no. 1 is the water area on the southwest end of the Lakeside Yacht Club entrance channel which is southwest of a line running 328° T and northwest of a line running 232° T from a point at 41°31'28.00" N, 81°40'02.60" W, which point is marked by a fixed flashing yellow light.

(2) Restricted area no. 2. Restricted area no. 2 is the water area of the Lakeside Yacht Club entrance channel which is outside restricted area no. 1 and the entrance to the Yacht Club docking area, and southwest of a line running 328° T from the intersection of 81°39'58.47" W and reference line running between point A at 41°31'33.45" N, 81°39'47.45" W and point B at 41°31'19.67" N, 81°40'19.17" W.

(3) Restricted area no. 3. Restricted area no. 3 is the water area of the Lakeside Yacht Club entrance channel which is outside restricted area no. 1, and southwest of a line running 328° T from point A at 41°31'33.45" N., 81°39'47.45" W.

(4) Restricted area no. 4. Restricted area no. 4 is the area inside the Lakeside Yacht Club docks which is southwest of a line running 328° T from the intersection of 81°39'58.47" W and a reference line running between point A at 41°31'33.45" N, 81°39'47.45" W and point B at 41°31'19.67" N, 81°40'19.17" W, and northwest of the same reference line.

(5) Restricted area no. 5. Restricted area no. 5 is the area inside the Lakeside Yacht Club docks which is outside restricted area 4 and northwest of a line 183 feet southeast and parallel to a reference line running between point A at 41°31'33.45" N, 81°39'47.45" W and point B at 41°31'19.67" N, 81°40'19.17" W.

(6) Restricted area no. 6. Restricted area no. 6 is the area inside the Lakeside Yacht Club docks which is outside restricted areas 4 and 5.

(b) Restrictions applicable to vessels of certain heights. Vessels with masts of certain heights are subject to the following restrictions with reference to the restricted areas detailed in paragraph (a) of this section. The height of a vessel is the height above the water line of masts, antennas, navigational equipment, or any other structure.

(1) Less than 41 feet. Vessels less than 41 feet in height are not subject to any restrictions under this section.

(2) 41 to 45 feet. Vessels at least 41 feet in height yet less than 45 feet in height may not enter restricted area 1.

(3) 45 to 53 feet. Vessels at least 45 feet in height yet less than 53 feet in height may not enter restricted area 1 and must comply with the clearance procedures prescribed in paragraph (c) when navigating through restricted area 2.

(4) 53 to 63 feet. Vessels at least 53 feet in height yet less than 63 feet in height may not enter restricted area 1, must comply with the clearance procedures prescribed in paragraph (c) of this section when navigating through restricted area 2, and may not dock in or enter restricted area 4 at any time.

(5) 63 to 95 feet. Vessels at least 63 feet in height yet less than 95 feet in height may not enter restricted area 1, must comply with the clearance procedures prescribed in paragraph (c) of this section when navigating through restricted areas 2 or 3, and may not dock in or enter restricted areas 4 or 5 at any time.

(6) 95 feet or more. Vessel 95 feet or more in height may not enter any restricted area, 1 through 6, at any time.

(c) Clearance procedures. Except during the times specified in paragraph (d), operators of vessels subject to these procedures must do the following:

(1) Obtain clearance from the Burke Lakefront Air Traffic Control Tower before navigating through the restricted area(s);

(2) Navigate promptly through the area(s) at a safe and practical speed. Navigation at a safe and practical speed includes brief stops at the fueling dock inside restricted area 3 by vessels with masts between 63 and 95 feet in height; and

(3) Promptly inform the Burke Lakefront Air Traffic Control Tower after clearing the restricted area(s), or of any difficulty preventing prompt clearance. The Burke Lakefront Air Traffic Control Tower may be contacted on marine radio channel 14, or by telephone at (216) 781–6411 except as noted during the suspended hours listed in paragraph (d) of this section. The radio and telephone will be manned when the instrument guided approach system is being utilized.

(4) Clearance may also be obtained for longer periods or for groups of vessels when arranged in advance with Burke Lakefront Airport by any appropriate means of communication, including a prior written agreement.

(d) Enforcement of clearance requirements. The clearance procedures specified in paragraph (c) of this section will not be enforced during the following times:

(1) 11:00 p.m. n Fridays to 7:00 a.m. on Saturdays.

(2) 11:00 p.m. on Saturdays to 8:00 a.m. on Sundays.

(3) 12:00 midnight Sunday nights to 7:00 a.m. on Mondays.

(e) Enforcement. This section will not be enforced during any period in which the Federal Aviation Administration withdraws approval for operation of an instrument-only approach to runway 24 on the northeast end of Burke Lakefront Airport.

[CGD09–97–002, 64 FR 8006, Feb. 18, 1999]

§ 165.907 Safety Zones: Annual fireworks events in the Captain of the Port Detroit Zone.
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(a) Safety Zones. The following areas are designated safety zones:

(1) Bay-Rama Fishfly Festival, New Baltimore, MI:

(i) Location. All waters off New Baltimore City Park, Lake St. Clair—Anchor Bay bounded by the arc of a circle with a 300-yard radius with its center located at approximate position 42°41' N, 082°44' W (NAD 1983).

(ii) Expected date. One day early in June.

(2) Jefferson Beach Marina Fireworks, St. Clair Shores, MI:

(i) Location. All waters of Lake St. Clair within a 300-yard radius of the fireworks barge in approximate position 42°32' N, 082°51' W (NAD 1983), about 1000 yards east of Jefferson Beach Marina.

(ii) Expected date. One day in the last week of June.

(3) Sigma Gamma Assoc., Grosse Pointe Farms, MI:

(i) Location. The waters off Ford's Cove, Lake St. Clair bounded by the arc of a circle with a 300-yard radius with its center in approximate position 42°27' N, 082°52' W (NAD 1983).

(ii) Expected date. One day in the last week of June.

(4) Lake Erie Metro Park Fireworks—(i) Location. The waters off the Brownstown Wave Pool area, Lake Erie bounded by the arc of a circle with a 300-yard radius with its center in approximate position 42°03' N, 083°11' W (NAD 1983).

(ii) Expected date. One day in the first week of July.

(5) City of St. Clair Fireworks:

(i) Location. The waters off St. Clair City Park, St. Clair River bounded by the arc of a circle with a 300-yard radius with its center in approximate position 42°49' N, 082°29' W (NAD 1983).

(ii) Expected date. One day in the first week of July.

(6) Oscoda Township Fireworks:

(i) Location. The waters off the DNR Boat Launch at the mouth of the Ausable River bounded by the arc of a circle with a 300-yard radius with its center in approximate position 44°19' N, 083°25' W (NAD 1983).

(ii) Expected Date. One day in the first week of July.

(7) Port Austin Fireworks:

(i) Location. The waters off the Port Austin Breakwall, Lake Huron bounded by the arc of a circle with a 300-yard radius with its center in approximate position 43°03' N, 082°40' W (NAD 1983).

(ii) Expected Date. One day in the first week of July.

(8) City of Wyandotte Fireworks, Wyandotte, MI:

(i) Location. The waters off the breakwall between Oak & Van Alstyne St., Detroit River bounded by the arc of a circle with a 300-yard radius with its center in approximate position 42°12' N, 083°09'W (NAD 1983).

(ii) Expected date. One day in the first week of July.

(9) Grosse Pointe Farms Fireworks, Grosse Pointe Farms, MI:

(i) Location. All waters of Lake St. Clair within a 300-yard radius of the fireworks barge in approximate position 42°23' N, 082°52' W (NAD 1983), about 300 yards east of Grosse Pointe Farms.

(ii) Expected date. One day in the first week of July.

(10) Caseville Fireworks, Caseville, MI:

(i) Location. The waters off the Caseville breakwall, Saginaw River bounded by the arc of a circle with a 300-yard radius with its center in approximate position 43°55' N, 083°17' W (NAD 1983).

(ii) Expected date. One day in the first week of July.

(11) Algonac Pickerel Tournament Fireworks, Algonac, MI:

(i) Location. All waters of the St. Clair River within a 300-yard radius of the fireworks barge in approximate position 42°37' N, 082°32' W (NAD 1983), between Algonac and Russell Island, St. Clair River—North Channel.

(ii) Expected date. One day in the first week of July.

(12) Port Sanilac Fireworks, Port Sanilac, MI:

(i) Location. The waters off the South Harbor Breakwall, Lake Huron bounded by the arc of a circle with a 300-yard radius with its center in approximate position 43°25' N, 082°31' W (NAD 1983).

(ii) Expected date. One day in the first week of July.

(13) St. Clair Shores Fireworks, St. Clair Shores, MI:

(i) Location. All waters of Lake St. Clair within a 300-yard radius of the fireworks barge in approximate position 42°32' N, 082°51' W (NAD 1983), about 1000 yards east of Veterans Memorial Park (off Masonic Rd.), St. Clair Shores.

(ii) Expected date. One day in the first week of July.

(14) Port Huron 4th of July Fireworks, Port Huron, MI:

(i) Location. All waters of the Black River within a 300-yard radius of the fireworks barge in approximate position 42°58' N, 082°25' W (NAD 1983), about 300 yards east of 223 Huron Ave., Black River.

(ii) Expected date. One day in the first week of July.

(15) Grosse Pointe Yacht Club 4th of July Fireworks, Grosse Pointe Shores, MI:

(i) Location. All waters of Lake St. Clair within a 300-yard radius of the fireworks barge in approximate position 42°25' N, 082°52' W (NAD 1983), about 400 yards east of the Grosse Pointe Yacht Club seawall, Lake St. Clair.

(ii) Expected date. One day in the first week of July.

(16) Lexington Independence Festival Fireworks, Lexington, MI:

(i) Location. All waters of Lake Huron within a 300-yard radius of the fireworks barge in approximate position 43°13' N, 082°30' W (NAD 1983), about 300 yards east of the Lexington breakwall, Lake Huron.

(ii) Expected date. One day in the first week of July.

(17) City of Ecorse Water Festival Fireworks, Ecorse, MI:

(i) Location. All waters of the Ecorse Channel within a 300-yard radius of the fireworks barge in approximate position 42°14' N, 083°09' W (NAD 1983), at the northern end of Mud Island, Ecorse.

(ii) Expected date. One day in the first week of July.

(18) Grosse Ile Yacht Club Fireworks:

(i) Location. The waters off the Grosse Ile Yacht Club Deck, Detroit River bounded by the arc of a circle with a 300-yard radius with its center approximately located at latitude 42°05' N, 083°09' W (NAD 1983).

(ii) Expected date. One day in the first week of July.

(19) Trenton Fireworks Display, Trenton, MI:

(i) Location. All waters of the Trenton Channel within a 300-yard radius of the fireworks barge in approximate position 42°09' N, 083°10' W (NAD 1983), about 200 yards east of Trenton, in the Trenton Channel.

(ii) Expected date. One day in the first week of July.

(20) Belle Maer Harbor 4th of July Fireworks, Harrison Township, MI:

(i) Location. All waters of Lake St. Clair within a 300-yard radius of the fireworks barge in approximate position 42°36' N, 082°47' W (NAD 1983), about 400 yards east of Belle Maer Harbor, Lake St. Clair—Anchor Bay.

(ii) Expected date. One day in the first week of July.

(21) Tawas City 4th of July Fireworks, Tawas, MI:

(i) Location. The waters off the Tawas City Pier, Lake Huron bounded by the arc of a circle with a 300-yard radius with its center in approximate position 44°13' N, 083°30' W (NAD 1983).

(ii) Expected date. One day in the first week of July.

(22) Maritime Day Fireworks, Marine City, MI:

(i) Location. All waters of the St. Clair River within a 300-yard radius of the fireworks barge in approximate position 42°43' N, 082°29' W (NAD 1983), about 500 yards east of Marine City, St. Clair River.

(ii) Expected date. One day in the second weekend of August.

(23) Venetian Festival Boat Parade & Fireworks, St. Clair Shores, MI:

(i) Location. All waters of Lake St. Clair within a 300-yard radius of the fireworks barge in approximate position 42°28' N, 082°52' W (NAD 1983), about 600 yards off Jefferson Beach Marina, Lake St. Clair.

(ii) Expected date. One day in the second weekend of August.

(b) 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 personnel. 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) The safety zones in this regulation are outside navigation channels and will not adversely affect shipping. In cases where shipping is affected, commercial vessels may request permission from the Captain of the Port Detroit 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 U.S. Coast Guard Group Detroit on Channel 16, VHF-FM.

(c) Effective period. The Captain of the Port Detroit will publish a Notice of Implementation in the Federal Register as well as in the Ninth Coast Guard District Local Notice to Mariners the dates and times this section is in effect.

[CGD09–01–002, 66 FR 27869, May 21, 2001]

§ 165.909 Safety Zones; Annual fireworks events in the Captain of the Port Milwaukee Zone.
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(a) Safety zones. The following areas are designated safety zones:

(1) Pridefest Fireworks—Milwaukee, WI.

(i) Location. All waters off of Henry W. Maier Festival Park Harbor Island, outer Milwaukee Harbor from the point of origin at 43°02.209' N, 087°53.714' W; southeast to 43°02.117' N, 087°53.417' W; then south to 43°01.767' N, 087°53.417' W; then southwest to 43°01.555' N, 087°53.772' W; then north following the shoreline back to the point of origin (NAD 83). The Harbor Island Lagoon Area is encompassed by this safety zone.

(ii) Expected date and time. Second week in June; sunset to termination of display.

(2) Summerfest Fireworks—Milwaukee, WI.

(i) Location. All waters off of Henry W. Maier Festival Park Harbor Island, outer Milwaukee Harbor encompassed by a line drawn from the point of origin at 43°02.209' N, 087°53.714' W; then southeast to 43°02.117' N, 087°53.417' W; then south to 43°01.767' N, 087°53.417' W; then southwest to 43°01.555' N, 087°53.772' W; then north following the shoreline back to the point of origin (NAD 83). The Harbor Island Lagoon Area is encompassed by this safety zone.

(ii) Expected date and time. Last week in June; sunset to termination of display.

(3) Summerfest Hole-in-One Shoot/Stunt Shows.

(i) Location. All waters of the Harbor Island Lagoon, outer Milwaukee Harbor from the point of origin at 43°02.50' N, 087°53.78' W then west to 43°02.50' N, 087°53.85' W; then following the shoreline of the Henry W. Maier Festival Park and Harbor Island back to the point of origin. All geographic coordinates are North American Datum of 1983 (NAD 83).

(ii) Expected date and time. Last week in June through the first two weeks in July; 11:30 a.m. to 9:15 p.m.

(4) Festa Italiana Fireworks—Milwaukee, WI.

(i) Location. All waters off of Henry W. Maier Festival Park Harbor Island, outer Milwaukee Harbor from the point of origin at 43°02.209' N, 087°53.714' W; then southeast to 43°02.117' N, 087°53.417' W; then south to 43°01.767' N, 087°53.417' W; then southwest to 43°01.555' N, 087°53.772' W; then north following the shoreline back to the point of origin (NAD 83). The Harbor Island Lagoon Area is also included in this safety zone.

(ii) Expected date and time. Third week in July; sunset to termination of display.

(5) Germanfest Fireworks—Milwaukee, WI.

(i) Location. All waters off of Henry W. Maier Festival Park Harbor Island, outer Milwaukee Harbor from the point of origin at 43°02.209' N, 087°53.714' W; then southeast to 43°02.117' N, 087°53.417' W; then south to 43°01.767' N, 087°53.417' W; southwest to 43°01.555' N, 087°53.772' W; then north following the shoreline back to the point of origin (NAD 83). The Harbor Island Lagoon Area is encompassed by this safety zone.

(ii) Expected date and time. Last week in July; sunset to termination of display.

(6) African World Festival—Milwaukee, WI.

(i) Location. All waters off of Henry W. Maier Festival Park Harbor Island, outer Milwaukee Harbor from the point of origin at 43°02.209' N, 087°53.714' W; then southeast to 43°02.117' N, 087°53.417' W; then south to 43°01.767' N, 087°53.417' W; then southwest to 43°01.555' N, 087°53.772' W; then north following the shoreline back to the point of origin (NAD 83). The Harbor Island Lagoon Area is encompassed by this safety zone.

(ii) Expected date and time. First week in August; sunset to termination of display.

(7) Irishfest Fireworks—Milwaukee, WI.

(i) Location. All waters off of Henry W. Maier Festival Park Harbor Island, outer Milwaukee Harbor from the point of origin at 43°02.209' N, 087°53.714' W; then southeast to 43°02.117' N, 087°53.417' W; then south to 43°01.767' N, 087°53.417' W; then southwest to 43°01.555' N, 087°53.772' W; then north following the shoreline back to the point of origin (NAD 83). The Harbor Island Lagoon Area is encompassed by this safety zone.

(ii) Expected date and time. Third week in August; sunset to termination of display.

(8) Mexican Fiesta Fireworks—Milwaukee, WI.

(i) Location. All waters off of Henry W. Maier Festival Park Harbor Island, outer Milwaukee Harbor from the point of origin at 43°02.209' N, 087°53.714' W; then southeast to 43°02.117' N, 087°53.417' W; then south to 43°01.767' N, 087°53.417' W; then southwest to 43°01.555' N, 087°53.772' W; then north following the shoreline back to the point of origin (NAD 83). The Harbor Island Lagoon Area is encompassed by this safety zone.

(ii) Expected date and time. Last Week in August; sunset to termination of display.

(9) Indian Summer Fireworks—Milwaukee, WI.

(i) Location. All waters off of Henry W. Maier Festival Park Harbor Island, outer Milwaukee Harbor from the point of origin at 43°02.209' N, 087°53.714' W; then southeast to 43°02.117' N, 087°53.417' W; then south to 43°01.767' N, 087°53.417' W; then southwest to 43°01.555' N, 087°53.772' W; then north following the shoreline back to the point of origin (NAD 83). The Harbor Island Lagoon Area is encompassed by this safety zone.

(ii) Expected date and time. First week in September; sunset to termination of display.

(10) Arabianfest Fireworks—Milwaukee, WI.

(i) Location. All waters off of Henry W. Maier Festival Park Harbor Island, outer Milwaukee Harbor from the point of origin at 43°02.209' N, 087°53.714'W; then southeast to 43°02.117' N, 087°53.417' W; then south to 43°01.767' N, 087°53.417' W; then southwest to 43°01.555' N, 087°53.772' W; then north following the shoreline back to the point of origin (NAD 83). The Harbor Island Lagoon Area is encompassed by this safety zone. (continued)