[Federal Register: August 8, 2008 (Volume 73, Number 154)]
[Rules and Regulations]
[Page 46194-46200]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08au08-5]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[USCG-2008-0218]
RIN 1625-AA00
Safety Zones: Annual Events Requiring Safety Zones in the Captain
of the Port Detroit Zone
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing safety zones for annual events
in the Captain of the Port Detroit Zone. This rule consolidates current
regulations establishing safety zones for annual fireworks events in
the former Captain of the Port Toledo Zone and the former Captain of
the Port Detroit 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: This rule is effective August 8, 2008.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2008-0218 and are available online at http://
www.regulations.gov. This material is also available for inspection or
copying at two locations: the 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, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays and the U.S. Coast
Guard, Sector Detroit, 110 Mt Elliot Ave, Detroit, MI 48207 between 8
a.m. and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call CDR Joseph Snowden, Prevention, U.S. Coast Guard Sector Detroit at
(313) 568-9580. If you have questions on viewing the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On May 22, 2008, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zones: Annual Events Requiring Safety Zones in
the Captain of the Port Detroit Zone in the Federal Register (73 FR
29725). We received zero letters commenting on the rule. No public
meeting was requested, and none was held.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying this rule would be
contrary to the public interest of ensuring the safety and security of
the spectators and participants during this event and immediate action
is necessary to prevent possible loss of life or property.
[[Page 46195]]
Background and Purpose
In 2005, the Coast Guard consolidated the Captain of the Port
Toledo Zone and the Captain of the Port Detroit Zone into one zone re-
defining the Captain of the Port Detroit Zone. This rule consolidates
the regulations found in 33 CFR 165.907, Safety Zones; Annual Fireworks
Events in the Captain of the Port Detroit Zone with additional 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 Rule
These safety zones are necessary to ensure the safety of vessels
and people during annual firework events in the Captain of the Port
Detroit area of responsibility that may pose a hazard to the public.
This new section unites all the annual firework events in the recently
consolidated COTP Detroit 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.
This rule adds the following events to those already occurring
annually: (1) Roostertail Fireworks (land); (2) Roostertail Fireworks
(barge); (3) Celebrate America Fireworks; (4) Target Fireworks; (5)
Washington Township Summerfest Fireworks; (6) Au Gres City Fireworks;
(7) The Old Club Fireworks; (8) Alpena Fireworks; (9) Put-In-Bay Fourth
of July Fireworks; (10) Gatzeros Fireworks; (11) Harrisville Fireworks;
(12) Harbor Beach Fireworks; (13) Trenton Rotary Roar on the River
Fireworks; (14) Nautical Mile Venetian Festival Fireworks; (15)
Cheeseburger Festival Fireworks; (16) Detroit International Jazz
Festival Fireworks; (17) Marine City Maritime Festival Fireworks; (18)
Schoenith Family Foundation Fireworks; (19) Toledo Country Club
Memorial Celebration and Fireworks; (20) Luna Pier Fireworks Show; (21)
Toledo Country Club 4th of July Fireworks; (22) Pharm Lights Up The
Night Fireworks; (23) Perrysburg/Maumee 4th of July Fireworks; (24)
Lakeside July 4th Fireworks; (25) Catawba Island Club Fireworks; (26)
Red, White and Blues Bang Fireworks; (27) Huron Riverfest Fireworks;
(28) Kellys Island, Island Fest Fireworks; (29) Riverfest at the
International Docks; (30) Rossford Labor Day Fireworks; (31) Lakeside
Labor Day Fireworks; and (32) Catawba Island Club Fireworks.
The following events in the rule already exist in the current
regulation and are only being reorganized in this rule: (33) Bay-Rama
Fishfly Festival Fireworks; (34) Jefferson Beach Marina Fireworks; (35)
Sigma Gamma Association Fireworks; (36) Lake Erie Metropark Fireworks;
(37) City of St. Clair Fireworks; (38) Oscoda Township Fireworks; (39)
Port Austin Fireworks; (40) City of Wyandotte Fireworks; (41) Grosse
Point Farms Fireworks; (42) Caseville Fireworks; (43) Algonac Pickerel
Tournament Fireworks; (44) Port Sanilac Fireworks; (45) St. Clair
Shores Fireworks; (46) Port Huron 4th of July Fireworks; (47) Grosse
Point Yacht Club 4th of July Fireworks; (48) Lexington Independence
Festival Fireworks; (49) City of Ecorse Water Festival Fireworks; (50)
Grosse Isle Yacht Club Fireworks; (51) Trenton Fireworks; (52) Belle
Maer Harbor 4th of July Fireworks; (53) Tawas City 4th of July
Fireworks; and (54) Venetian Festival Boat Parade and Fireworks.
The safety zones will be enforced only immediately before, during,
and after events that pose hazard to the public, and only upon notice
by the Captain of the Port.
The Captain of the Port Detroit will notify the public that that
the safety zones in this rule 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 if enforcement of a 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 Detroit, or his designated
representative. The Captain of the Port or his designated
representative may be contacted via VHF Channel 16.
Discussion of Comments and Changes
We received no comments with regard to this rule and no changes
have been made to this rule.
Regulatory Analyses
We developed this rule after considering numerous statues and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This 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.
This determination is based on the minimal time that vessels will
be restricted from the zone and the zone is an area where the Coast
Guard expects insignificant adverse impact to mariners from the zone's
activation.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 rule will
not have a significant economic impact on a substantial number of small
entities.
This rule will affect the following entities, some of which may 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 (49) 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
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. The Coast Guard will give notice to the public via a
Broadcast Notice to Mariners that the regulation is in effect.
Additionally, the COTP will suspend enforcement of the safety zone if
the event for which the zone is established ends earlier than the
expected time.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
[[Page 46196]]
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard. We did not receive any comments for this
section.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). We did not
receive any comments for this section.
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 rule under
that Order and have determined that it does not have implications for
federalism. We did not receive any comments for this section.
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 rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble. We did
not receive any comments for this section.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights. We did not receive any comments for this section.
Civil Justice Reform
This 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. We did not receive any comments
for this section.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This 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. We did not receive any comments for
this section.
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 regulations and fishing rights
protection need not be incompatible. We have also determined that this
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, 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 Rule or options
for compliance are encourage to contact the point of contact listed
under FOR FURTHER INFORMATION CONTACT.
Energy Effects
We have analyzed this 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 5100.1 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
under the Instruction that there are no factors in this case that would
limit the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation. This event establishes a safety zone,
therefore paragraph (34)(g) of the Instruction applies.
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. Revise the authority citation for part 165 to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
[[Page 46197]]
Sec. 165.907 [Removed and Reserved]
0
2. Remove and reserve Sec. 165.907.
0
3. Add Sec. 165.941 to read as follows:
Sec. 165.941 Safety Zones; Annual Fireworks Events in the Captain of
the Port Detroit Zone.
(a) Safety Zones. The following areas are designated Safety zones:
(1) Roostertail Fireworks (barge), Detroit, MI:
(i) Location: All waters of the Detroit River within a 300-foot
radius of the fireworks launch site located at position
42[deg]21[min]16.67[sec] N, 082[deg]58[min]20.41[sec] W. (NAD 83). This
area is located between Detroit and Belle Isle near the Roostertail
restaurant.
(ii) Expected date: One evening during the third week in July. The
exact dates and times for this event will be determined annually.
(2) Washington Township Summerfest Fireworks, Toledo, OH:
(i) Location: All waters of the Ottawa River within a 600-foot
radius of the fireworks launch site located at position 41[deg]43'29''
N, 083[deg]28'47'' W (NAD 83). This area is located at the Fred C.
Young Bridge, Toledo, OH.
(ii) Expected date: One evening during the last week in June or the
first week in July. The exact dates and times for this event will be
determined annually.
(3) Au Gres City Fireworks, Au Gres, MI:
(i) Location: All waters of Saginaw Bay within a 700-foot radius of
the fireworks launch site located at position 44[deg]1.4' N,
083[deg]40.4' W (NAD 83). This area is located at the end of the pier
near the end of Riverside Drive in Au Gres, MI.
(ii) Expected date: One evening during the last week in June or the
first week in July. The exact dates and times for this event will be
determined annually.
(4) The Old Club Fireworks, Harsens Island, MI:
(i) Location: All waters of Lake St. Clair within an 850-foot
radius of the fireworks launch site located at position 42[deg]32.4' N,
082[deg]40.1' W (NAD 83). This area is located near the southern end of
Harsen's Island, MI.
(ii) Expected date: One evening during the last week of June or the
first week of July. The exact dates and times for this event will be
determined annually.
(5) Alpena Fireworks, Alpena, MI:
(i) Location: All waters of Lake Huron within an 800-foot radius of
the fireworks launch site located at position 45[deg]2.7' N,
083[deg]26.8' W (NAD 83). This area is located near the end of Mason
Street, South of State Avenue, in Alpena, MI.
(ii) Expected date: One evening during the last week in of June or
the first week of July. The exact dates and times for this event will
be determined annually.
(6) Put-In-Bay Fourth of July Fireworks, Put-In-Bay, OH:
(i) Location: All waters of Lake Erie within a 1000-foot radius of
the fireworks launch site located at position 41[deg]39.7' N,
082[deg]48.0' W (NAD 83). This area is located in Put-In-Bay Harbor.
(ii) Expected date: One evening during the first week of July. The
exact dates and times for this event will be determined annually.
(7) Gatzeros Fireworks, Grosse Point Park, MI:
(i) Location: All waters of Lake St. Clair within a 300-foot radius
of the fireworks launch site located at position 42[deg] 22.6' N,
082[deg]54.8' W (NAD 83). This area is located near Grosse Point Park,
MI.
(ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
(8) Harrisville Fireworks, Harrisville, MI:
(i) Location: All waters of Lake Huron within a 450-foot radius of
the fireworks launch site located at position 44[deg]39.7' N,
083[deg]17.0' W (NAD 83). This area is located at the end of the break
wall at the Harrisville harbor in Harrisville, MI.
(ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
(9) Harbor Beach Fireworks, Harbor Beach, MI:
(i) Location: All waters of Lake Huron within a 700-foot radius of
the fireworks launch site located at position 43[deg]50.8' N, 082[deg]
38.6' W (NAD 83). This area is located at the end of the railroad pier
east of the end of State Street in Harbor Beach, MI.
(ii) Expected date: One evening during the second week in July. The
exact dates and times for this event will be determined annually.
(10) Trenton Rotary Roar on the River Fireworks, Trenton, MI:
(i) Location: All waters of the Detroit River within a 420-foot
radius of the fireworks launch site located at position 42[deg]7.8' N,
083[deg]10.4 ' W (NAD 83). This area is located between Grosse Ile and
Elizabeth Park in Trenton, MI.
(ii) Expected date: One evening during the third week in July. The
exact dates and times for this event will be determined annually.
(11) Nautical Mile Venetian Festival Fireworks, St. Clair Shores,
MI:
(i) Location: All waters of Lake St. Clair within a 210-foot radius
of the fireworks launch site located at position 42[deg]28.2' N,
082[deg]52.5' W (NAD 83). This area is located near Jefferson Beach
Marina in St. Clair Shores, MI.
(ii) Expected date: One evening during the second week in August.
The exact dates and times for this event will be determined annually.
(12) Cheeseburger Festival Fireworks, Caseville, MI:
(i) Location: All waters of Lake Huron within a 300-foot radius of
the fireworks launch site located at position 43[deg]56.9' N,
083[deg]17.2' W (NAD 83). This area is located near the break wall
located at Caseville County Park, Caseville, MI.
(ii) Expected date: One evening during the second week in August.
The exact dates and times for this event will be determined annually.
(13) Detroit International Jazz Festival Fireworks, Detroit, MI:
(i) Location: All waters of the Detroit River within a 560-foot
radius of the fireworks launch site located at position 42[deg]19.6' N,
83[deg]2.6' W (NAD 83). This area is located in the Detroit River
between Cobo Hall and the GM Headquarters in Detroit, MI.
(ii) Expected date: One evening during the last week in August or
the first week in September. The exact dates and times for this event
will be determined annually.
(14) Marine City Maritime Festival Fireworks, Marine City, MI:
(i) Location: All waters of the St. Clair River within an 840-foot
radius of the fireworks launch site located at position
42[deg]42.9[min] N, 082[deg]29.1[min] W (NAD 83). This area is located
east of Marine City.
(ii) Expected date: One evening during the third week in September.
The exact dates and times for this event will be determined annually.
(15) Schoenith Family Foundation Fireworks, Detroit, MI:
(i) Location: All waters of the Detroit River, within a 210-foot
radius of the fireworks launch site located at position
42[deg]21.2[min] N, 82[deg]58.4[min] W. (NAD 83). This area is located
between Detroit and Belle Isle.
(ii) Expected date: One evening during the third week in September.
The exact dates and times for this event will be determined annually.
(16) Toledo Country Club Memorial Celebration and Fireworks,
Toledo, OH:
(i) Location: All waters of the Maumee River, within a 250-yard
radius of the fireworks launch site located on shore at position
41[deg]35[min]12.58[sec] N, 83[deg]36[min]16.58[sec] W. (NAD 83). This
area is located at the Toledo Country Club's 18th Green and encompasses
the fireworks launch site.
(ii) Expected date: One evening during the last week in May. The
exact dates and times for this event will be determined annually.
[[Page 46198]]
(17) Luna Pier Fireworks Show, Luna Pier, MI:
(i) Location: All waters of Lake Erie, within a 300-yard radius of
the fireworks launch site located at position 41[deg]48[min]32[sec] N,
83[deg]26[min]23[sec] W. (NAD 83). This area is located at the Clyde E.
Evens Municipal Pier.
(ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
(18) Toledo Country Club 4th of July Fireworks, Toledo, OH:
(i) Location: All waters of the Maumee River, within a 250-yard
radius of the fireworks launch site located on shore at position
41[deg]35[min]12.58[sec] N, 83[deg]36[min]16.58[sec] W. (NAD 83). This
area is located at the Toledo Country Club's 18th Green and encompasses
the fireworks launch site.
(ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
(19) Pharm Lights Up The Night Fireworks, Toledo, OH:
(i) Location: All waters of the Maumee River, within a 300-yard
radius of the fireworks launch site located at position
41[deg]38[min]35[sec] N, 83[deg]31[min]54[sec] W. (NAD 83). This
position is located at the bow of the museum ship SS WILLIS B. BOYER.
(ii) Expected date: One day evening during the first or second
weeks in July. The exact dates and times for this event will be
determined annually.
(20) Perrysburg/Maumee 4th of July Fireworks, Perrysburg, OH:
(i) Location: All waters of the Maumee River, within an 850-foot
radius of the fireworks launch site located at position
41[deg]33[min]27[sec] N, 83[deg]38[min]59[sec] W. (NAD 83). This
position is located at the Perrysburg/Maumee Hwy 20 Bridge.
(ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
(21) Lakeside July 4th Fireworks, Lakeside, OH:
(i) Location: All waters of Lake Erie, within a 560-foot radius of
the fireworks launch site located at position 41[deg]32[min]52[sec] N,
82[deg]45[min]03[sec] W. (NAD 83). This position is located at the
Lakeside Association Dock.
(ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
(22) Catawba Island Club Fireworks, Catawba Island, OH:
(i) Location: All waters of Lake Erie, within a 300-yard radius of
the fireworks launch site located at position 41[deg]34[min]20[sec] N,
82[deg]51[min]18[sec] W. (NAD 83). This position is located at the
northwest end of the Catawba Cliffs Harbor Light Pier.
(ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
(23) Red, White and Blues Bang Fireworks, Huron, OH:
(i) Location: All waters of the Huron River, within a 300-yard
radius of the fireworks launch site located at position
41[deg]23[min]29[sec] N, 82[deg]32[min]55[sec] W. (NAD 83). This
position is located at the Huron Ore Docks in Huron, OH.
(ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
(24) Huron Riverfest Fireworks, Huron, OH:
(i) Location: All waters of Huron Harbor, within a 350-foot radius
of the fireworks launch site located at the Huron Ore Docks at position
41[deg]23[min]38[sec] N, 82[deg]32[min]59[sec] W. (NAD 83).
(ii) Expected date: One evening during the second week in July. The
exact dates and times for this event will be determined annually.
(25) Kellys Island, Island Fest Fireworks, Kellys Island, OH:
(i) Location: All waters of Lake Erie, within a 300-yard radius of
the fireworks launch site located at position 41[deg]35[min]43[sec] N,
82[deg]43[min]30[sec] W. (NAD 83). This position is located at the old
Neuman Boat Line Dock.
(ii) Expected date: One evening during the third or fourth weeks in
July. The exact dates and times for this event will be determined
annually.
(26) Riverfest at the International Docks, Toledo, OH:
(i) Location: All waters of the Maumee River, extending from the
bow of the museum ship SS WILLIS B. BOYER (41[deg]38[min]35[sec] N,
83[deg]31[min]54[sec] W), then north/north-east to the south end of the
City of Toledo Street (41[deg]38[min]51[sec] N, 83[deg]31[min]50[sec]
W), then south-west to the red nun buoy 64
(41[deg]38[min]48[sec] N, 83[deg]31[min]58[sec]), then south/south-east
back to the point of origin at the bow of the museum ship SS WILLIS B.
BOYER. (NAD 83).
(ii) Expected date: One evening during the first week in September.
The exact dates and times for this event will be determined annually.
(27) Rossford Labor Day Fireworks, Rossford, OH:
(i) Location: All waters of the Maumee River, within a 350-yard
radius of the fireworks launch site located at position
41[deg]36[min]58[sec] N, 83[deg]33[min]56[sec] W. (NAD 83). This
position is located at Veterans Memorial Park.
(ii) Expected date: One evening during the first week in September.
The exact dates and times for this event will be determined annually.
(28) Lakeside Labor Day Fireworks, Lakeside, OH:
(i) Location: All waters of Lake Erie, within a 560-foot radius of
the fireworks launch site located at position 41[deg]32[min]52[sec] N,
82[deg]45[min]03[sec] W. (NAD 83). This position is located at the
Lakeside Association Dock.
(ii) Expected date: One evening during the first week in September.
The exact dates and times for this event will be determined annually.
(29) Catawba Island Club Fireworks, Catawba Island, OH:
(i) Location: All waters of Lake Erie, within a 300-yard radius of
the fireworks launch site located at position 41[deg]34[min]20[sec] N,
82[deg]51[min]18[sec] W. (NAD 83). This position is located at the
northwest end of the Catawba Cliffs Harbor Light Pier.
(ii) Expected date: One evening during the first week in September.
The exact dates and times for this event will be determined annually.
(30) Bay-Rama Fishfly Festival Fireworks, New Baltimore, MI:
(i) Location: All waters of Lake St. Clair-Anchor Bay, off New
Baltimore City Park, within a 300-yard radius of the fireworks launch
site located at position 42[deg]41[min] N, 082[deg]44[min] W (NAD 83).
(ii) Expected date: One evening during the first week in June. The
exact dates and times for this event will be determined annually.
(31) Lake Erie Metropark Fireworks, Gibraltar, MI:
(i) Location: All waters of Lake Erie, off Lake Erie Metro Park,
within a 300-yard radius of the fireworks launch site located at
position 42[deg]03'N, 083[deg]11'W (NAD 83). This position is located
off the Brownstown Wave pool area.
(ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
(32) City of St. Clair Fireworks, St. Clair, MI:
(i) Location: All waters off the St. Clair River near St. Clair
City Park, within a 300-yard radius of the fireworks launch site
located at position 42[deg]49[min] N, 082[deg]29[min] W (NAD 83).
(ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
(33) Oscoda Township Fireworks, Oscoda, MI:
(i) Location: All waters of Lake Huron, off the DNR Boat Launch
near the mouth of the Au Sable River within a 300-yard radius of the
fireworks launch site located at position 44[deg]19[min] N,
083[deg]25[min] W (NAD 83).
(ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
[[Page 46199]]
(34) Port Austin Fireworks, Port Austin, MI:
(i) Location: All waters of Lake Huron, off the Port Austin break
wall within a 300-yard radius of the fireworks launch site located at
position 42[deg]03[min] N, 082[deg]40[min] W. (NAD 83).
(ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
(35) City of Wyandotte Fireworks, Wyandotte, MI:
(i) Location: All waters of the Detroit River, off the break wall
between Oak and Van Alstyne St., within a 300-yard radius of the
fireworks launch site located at position 42[deg]12[min] N,
083[deg]09[min] W. (NAD 83).
(ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
(36) Grosse Pointe Farms Fireworks, Grosse Point Farms, MI:
(i) Location: All waters of Lake St. Clair, within a 300-yard
radius of the fireworks barge located at position 42[deg]23[min] N,
082[deg]52[min] W. (NAD 83). This position is located 300 yards east of
Grosse Pointe Farms, MI.
(ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
(37) Caseville Fireworks, Caseville, MI:
(i) Location: All waters of Saginaw Bay, within a 300-yard radius
of the fireworks launch site located at position 43[deg]56.9[min] N,
083[deg]17.2[min] W. (NAD 83). This position is located off the
Caseville break wall.
(ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
(38) Algonac Pickerel Tournament Fireworks, Algonac, MI:
(i) Location: All waters of the St. Clair River, within a 300-yard
radius of the fireworks barge located at position 41[deg]37[min] N,
082[deg]32[min] W. (NAD 83). This position is located between Algonac
and Russel Island, St. Clair River-North Channel.
(ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
(39) Port Sanilac Fireworks, Port Sanilac, MI:
(i) Location: All waters of Lake Huron within a 300-yard radius of
the fireworks launch site located at position 43[deg]25' N, 082[deg]31'
W. (NAD 83). This position is located at the South Harbor Break wall in
Port Sanilac.
(ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
(40) 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 located at position 42[deg]32' N, 082[deg]51' W.
(NAD 83). This position is located 1000 yards east of Veteran's
Memorial Park, St. Clair Shores.
(ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
(41) 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 located at position 42[deg]58' N,
082[deg]25' W. (NAD 83). This position is located 300 yards east of 223
Huron Ave., Black River.
(ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
(42) Grosse Point Yacht Club 4th of July Fireworks, Grosse Point
Shores, MI:
(i) Location: All waters of Lake St. Clair within a 300-yard radius
of the fireworks barge located at position 42[deg]25' N, 082[deg]52' W.
(NAD 83). This position is located 400 yards east of the Grosse Point
Yacht Club seawall, Lake St. Clair.
(ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
(43) Lexington Independence Festival Fireworks, Lexington, MI:
(i) Location: All waters of Lake Huron within a 300-yard radius of
the fireworks barge located at position 43[deg]13' N, 082[deg]30' W.
(NAD 83). This position is located 300 yards east of the Lexington
break wall, Lake Huron.
(ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
(44) City of Ecorse Water Festival Fireworks, Ecorse, MI:
(i) Location: All waters of the Detroit River within a 300-yard
radius of the fireworks barge located at position 41[deg]14' N,
083[deg]09' W. (NAD 83). This position is located in the Ecorse Channel
at the northern end of Mud Island.
(ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
(45) Grosse Isle Yacht Club Fireworks, Grosse Isle, MI:
(i) Location: All waters of the Detroit River within a 300-yard
radius of the fireworks launch site located at position 42[deg]05' N,
083[deg]09' W. (NAD 83). This position is located in front of the
Grosse Isle Yacht Club.
(ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
(46) Trenton Fireworks, Trenton, MI:
(i) Location: All waters of the Detroit River within a 300-yard
radius of the fireworks barge located at position 42[deg]09' N,
083[deg]10' W. (NAD 83). This position is located 200 yards east of
Trenton in the Trenton Channel near Trenton, MI.
(ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
(47) 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 located at position 42[deg]36' N, 082[deg]47' W.
(NAD 83). This position is located 400 yards east of Belle Maer Harbor,
Lake St. Clair.
(ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
(48) Tawas City 4th of July Fireworks, Tawas, MI:
(i) Location: All waters of Lake Huron within a 300-yard radius of
the fireworks launch site located at position 44[deg]13' N, 083[deg]30'
W. (NAD 83). This position is located off the Tawas City Pier.
(ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
(49) Venetian Festival Boat Parade and Fireworks, St. Clair Shores,
MI:
(i) Location: All waters of Lake St. Clair within a 300-yard radius
of the fireworks barge located at position 42[deg]28' N, 082[deg]52' W.
(NAD 83). This position is located 600 yards off Jefferson Beach
Marina, Lake St, Clair.
(ii) Expected date: One evening during the second week in August.
The exact dates and times for this event will be determined annually.
(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 Detroit
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
[[Page 46200]]
United States, or by a State or political subdivision thereof.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Detroit, 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 Detroit 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 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 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 Detroit 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 Detroit will notify the
public that the safety zones in this section 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.
Dated: July 11, 2008.
F.M. Midgette,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. E8-18095 Filed 8-7-08; 8:45 am]
BILLING CODE 4910-15-P