Safety Zones: Annual Events Requiring Safety Zones in the Captain of the Port Detroit Zone, 46194-46200 [E8-18095]
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46194
Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Rules and Regulations
minimize litigation, eliminate
ambiguity, and reduce burden.
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
would not create an environmental risk
to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it would 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.
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.
rfrederick on PRODPC74 with RULES
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.
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Environment
We have analyzed this rule under
Commandant Instruction M16475.1D
and Department of Homeland Security
Management Directive 5100.1, which
guides the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f), and have concluded 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
(32) (e) of the Instruction, from further
environmental documentation.
Under figure 2–1, paragraph (32)(e), of
the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
I For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
I
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
I
2. Revise § 117.841 to read as follows:
§ 117.841
Smith Creek.
The draw of the S117–S133 Bridge,
mile 1.5 at Wilmington, need not open
for the passage of vessels.
Dated: July 30, 2008.
Fred M. Rosa, Jr.,
Rear Admiral, United States Coast Guard,
Commander, Fifth Coast Guard District.
[FR Doc. E8–18351 Filed 8–7–08; 8:45 am]
BILLING CODE 4910–15–P
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
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing safety zones for annual
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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.
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 https://
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.
ADDRESSES:
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.
FOR FURTHER INFORMATION CONTACT:
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.
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Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Rules and Regulations
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.
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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)
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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.
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46195
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
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Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Rules and Regulations
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.
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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
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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.
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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.
I 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
1. Revise the authority citation for part
165 to read as follows:
I
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.
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§ 165.907
I
I
[Removed and Reserved]
2. Remove and reserve § 165.907.
3. Add § 165.941 to read as follows:
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§ 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°21′16.67″ N, 082°58′20.41″ 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°43′29″ N, 083°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°1.4′ N, 083°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°32.4′ N, 082°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°2.7′ N, 083°26.8′ W (NAD 83). This
area is located near the end of Mason
Street, South of State Avenue, in
Alpena, MI.
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(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°39.7′ N, 082°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° 22.6′ N, 082°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°39.7′
N, 083°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°50.8′
N, 082° 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°7.8′ N, 083°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
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fireworks launch site located at position
42°28.2′ N, 082°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°56.9′
N, 083°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°19.6′ N, 83°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°42.9′ N, 082°29.1′ 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°21.2′ N, 82°58.4′ 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°35′12.58″ N, 83°36′16.58″
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.
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(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°48′32″ N, 83°26′23″ 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°35′12.58″ N, 83°36′16.58″
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°38′35″ N, 83°31′54″ 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°33′27″ N, 83°38′59″ 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°32′52″
N, 82°45′03″ 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°34′20″ N, 82°51′18″ W. (NAD 83).
This position is located at the northwest
end of the Catawba Cliffs Harbor Light
Pier.
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(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°23′29″ N, 82°32′55″ 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°23′38″
N, 82°32′59″ 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°35′43″ N, 82°43′30″ 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°38′35″ N, 83°31′54″ W), then north/
north-east to the south end of the City
of Toledo Street (41°38′51″ N, 83°31′50″
W), then south-west to the red nun buoy
#64 (41°38′48″ N, 83°31′58″), 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°36′58″ N, 83°33′56″ 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:
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(i) Location: All waters of Lake Erie,
within a 560-foot radius of the fireworks
launch site located at position 41°32′52″
N, 82°45′03″ 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°34′20″ N, 82°51′18″ 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°41′ N, 082°44′ 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 300yard radius of the fireworks launch site
located at position 42°03′N, 083°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°49′ N, 082°29′ 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°19′ N, 083°25′
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.
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(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°03′ N, 082°40′
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°12′ N, 083°09′ 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°23′ N, 082°52′ 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°56.9′ N, 083°17.2′ 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°37′ N, 082°32′ 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°25′ N, 082°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
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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°32′ N, 082°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°58′ N, 082°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°25′ N, 082°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°13′ N, 082°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°14′ N, 083°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
PO 00000
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46199
fireworks launch site located at position
42°05′ N, 083°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°09′ N, 083°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°36′ N, 082°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°13′ N, 083°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°28′ N, 082°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
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Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Rules and Regulations
United States, or by a State or political
subdivision thereof.
(c) Regulations. (1) In accordance with
the general regulations in § 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.
VerDate Aug<31>2005
15:19 Aug 07, 2008
Jkt 214001
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
DEPARTMENT OF HOMELAND
SECURITY
will provide the maritime community
with advance notification of this
enforcement period via a Local
Broadcast Notice to Mariners.
Dated: July 31, 2008.
M.J. Huebschman,
Captain, U.S. Coast Guard, Captain of Port
Sault Ste. Marie.
[FR Doc. E8–18349 Filed 8–7–08; 8:45 am]
BILLING CODE 4910–15–P
Coast Guard
ENVIRONMENTAL PROTECTION
AGENCY
33 CFR Part 165
[Docket No. USCG–2008–0801]
Security Zone, Mackinac Bridge and
Straits of Mackinac, Mackinaw City, MI
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
SUMMARY: The Coast Guard will enforce
the Mackinac Bridge Walk security zone
on the Straits of Mackinac from 6 a.m.
through 11:59 p.m. on September 1,
2008. This action is necessary to protect
pedestrians during the event from an
accidental or intentional vessel-tobridge collision. During the enforcement
period, navigational and operational
restrictions will be placed on all vessels
transiting through the Straits area, under
and around the Mackinac Bridge,
located between Mackinaw City, MI,
and St. Ignace, MI. All vessels must
obtain permission from the Captain of
Port Sault Ste. Marie (COTP) or a
Designated Representative to enter or
move within the security zone.
DATES: The regulations in 33 CFR
165.928 will be enforced from 6 a.m.
through 11:59 p.m. on September 1,
2008.
FOR FURTHER INFORMATION CONTACT:
LCDR Christopher R. Friese, Prevention
Dept. Chief, Sector Sault Ste. Marie, 337
Water St., Sault Ste. Marie, MI 49783;
(906) 635–3220.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the security zone for
the annual Labor Day Mackinac Bridge
Walk in 33 CFR 165.928 on September
1, 2008, from 6 a.m. to 11:59 p.m.
Under provisions of 33 CFR 165.928,
a vessel may not enter or move with the
regulated area, unless it receives
permission from the COTP or a
Designated Representative as defined in
33 CFR 165.928(a)(1). The Coast Guard
may be assisted by other Federal, State,
or local law enforcement agencies in
enforcing this regulation.
This notice is issued under the
authority of 33 CFR 165.928 and 5
U.S.C. 552(a). In addition to this notice
in the Federal Register, the Coast Guard
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40 CFR Part 52
[EPA–R03–OAR–2008–0189; FRL–8702–1]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Section 110(a)(1) 8-Hour
Ozone Maintenance Plan and 2002
Base-Year Inventory for the Schuylkill
County Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is approving a State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Pennsylvania. The Pennsylvania
Department of Environmental Protection
(PADEP) submitted a SIP revision
consisting of a maintenance plan that
provides for continued attainment of the
8-hour ozone national ambient air
quality standard (NAAQS) for at least 10
years after the April 30, 2004,
designations, as well as a 2002 base-year
inventory for the Schuylkill County
Area. EPA is approving the maintenance
plan and the 2002 base-year inventory
for the Schuylkill County Area as
revisions to the Pennsylvania SIP in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: Effective Date: This final rule is
effective on September 8, 2008.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2008–0189. All
documents in the docket are listed in
the www.regulations.gov Web site.
Although listed in the electronic docket,
some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy for
public inspection during normal
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Agencies
[Federal Register Volume 73, Number 154 (Friday, August 8, 2008)]
[Rules and Regulations]
[Pages 46194-46200]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18095]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://
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