Safety Zones; Annual Safety Zones in the Captain of the Port Detroit Zone, 11029-11034 [2019-05607]

Download as PDF Federal Register / Vol. 84, No. 57 / Monday, March 25, 2019 / Proposed Rules rulemaking record, identified by RIN 1219–AB86 or Docket No. MSHA–2014– 0031, by one of the following methods: • Federal E-Rulemaking Portal: https://www.regulations.gov. Follow the on-line instructions for submitting comments. • Email: zzMSHA-comments@ dol.gov. • Mail: MSHA, Office of Standards, Regulations, and Variances, 201 12th Street South, Suite 4E401, Arlington, Virginia 22202–5452. • Hand Delivery or Courier: 201 12th Street South, Suite 4E401, Arlington, Virginia, between 9:00 a.m. and 5:00 p.m. Monday through Friday, except Federal holidays. Sign in at the receptionist’s desk on the 4th Floor East, Suite 4E401. • Fax: 202–693–9441. Instructions: All submissions must include ‘‘RIN 1219–AB86’’ or ‘‘Docket No. MSHA–2014–0031.’’ Do not include personal information that you do not want publicly disclosed; MSHA will post all comments without change to https://www.regulations.gov and https:// arlweb.msha.gov/currentcomments.asp, including any personal information provided. Docket: For access to the docket to read comments received, go to https:// www.regulations.gov or https:// arlweb.msha.gov/currentcomments.asp. To read background documents, go to https://www.regulations.gov. Review the docket in person at MSHA, Office of Standards, Regulations, and Variances, 201 12th Street South, Arlington, Virginia, between 9:00 a.m. and 5:00 p.m. Monday through Friday, except Federal Holidays. Sign in at the receptionist’s desk in Suite 4E401. Email Notification: To subscribe to receive an email notification when MSHA publishes rules in the Federal Register, go to https://www.msha.gov/ subscriptions. FOR FURTHER INFORMATION CONTACT: Sheila A. McConnell, Director, Office of Standards, Regulations, and Variances, MSHA, at mcconnell.sheila.a@dol.gov (email), 202–693–9440 (voice); or 202– 693–9441 (facsimile). These are not tollfree numbers. SUPPLEMENTARY INFORMATION: On June 8, 2016 (81 FR 36826), MSHA published a request for information (RFI) on Exposure of Underground Miners to Diesel Exhaust. The RFI sought input from the public that will help MSHA evaluate the Agency’s existing standards and policy guidance on controlling miners’ exposures to diesel exhaust and to evaluate the effectiveness of the protections now in place to preserve miners’ health. VerDate Sep<11>2014 15:58 Mar 22, 2019 Jkt 247001 MSHA held four public meetings on the RFI in 2016 (81 FR 41486), and the comment period was scheduled to close on September 6, 2016; however, in response to requests from the public, MSHA extended the comment period until November 30, 2016 (81 FR 58424). In response to requests from stakeholders during the comment period, MSHA and the National Institute for Occupational Safety and Health (NIOSH) convened a Diesel Exhaust Health Effects Partnership (Partnership) with the mining industry, diesel engine manufacturers, academia, and representatives of organized labor to gather information regarding the complex questions contained in the RFI. The Partnership provides an opportunity for all relevant stakeholders from the mining community to come together to understand the health effects from underground miners’ exposure to diesel exhaust. The Partnership also provides stakeholders an opportunity to consider best practices and new technologies, including engineering controls that enhance control of diesel exhaust exposures to improve protections for miners. The first meeting of the Partnership was held on December 8, 2016, in Washington, Pennsylvania; and the second meeting was held on September 19, 2017, in Triadelphia, West Virginia. During the comment period and at the first Partnership meeting, MSHA received requests from stakeholders to reopen the rulemaking record for comment on the RFI and allow the comment period to remain open during the Partnership proceedings. In response to those requests, MSHA reopened the record for comment and extended the comment period for one year, until January 9, 2018 (82 FR 2284). On March 26, 2018, MSHA reopened the rulemaking record and extended the comment period for one year, until March 26, 2019 (83 FR 12904). On January 23, 2019, the Partnership sponsored a Diesel Technology Workshop (Workshop) in Washington, DC. The Workshop focused on the types of advanced low-emissions diesel technologies—including new engines, equipment, after-treatment systems, and retrofits—that are available for use in underground mines. The Workshop included five panels of experts that presented information and data on current emissions/control technologies, engine controls, emission reduction/ exposure reduction, current barriers to deployment of technologies, and strategies addressing miners’ exposures to diesel exhaust. Partnership proceedings—including additional meetings—are anticipated for PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 11029 2019 and 2020 to address topics relevant to the RFI. Extending the comment period commensurate with these proceedings will enable stakeholders to add information and data related to these proceedings to the record. Accordingly, in response to requests from stakeholders to allow the comment period on the RFI to remain open during Partnership proceedings, and to allow all interested parties an additional opportunity to review and comment on information and data from the proceedings, MSHA is extending the comment period on the RFI to September 25, 2020. David G. Zatezalo, Assistant Secretary of Labor for Mine Safety and Health. [FR Doc. 2019–05443 Filed 3–22–19; 8:45 am] BILLING CODE 4520–43–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2019–0132] RIN 1625–AA00 Safety Zones; Annual Safety Zones in the Captain of the Port Detroit Zone Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to amend its recurring safety zones regulations in the Captain of the Port Detroit zone. This proposed rule would update 51 safety zone locations, dates, and sizes, add 3 safety zones, remove 6 established safety zones and reformat the regulations into an easier to read table format. These proposed amendments will protect spectators, participants, and vessels from the hazards associated with annual marine events and firework shows, and improve the clarity and readability of the regulation. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before April 24, 2019. ADDRESSES: You may submit comments identified by docket number USCG– 2019–0132 using the Federal eRulemaking Portal at https:// www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. SUMMARY: E:\FR\FM\25MRP1.SGM 25MRP1 11030 Federal Register / Vol. 84, No. 57 / Monday, March 25, 2019 / Proposed Rules If you have questions about this proposed rulemaking, call or email Tracy Girard, Prevention Department, Sector Detroit, Coast Guard; telephone (313) 568–9564, email Tracy.M.Girard@uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background, Purpose, and Legal Basis The purpose of this rulemaking is to update the safety zones in § 165.941 to ensure accuracy of times, dates, and dimensions for various triggering and marine events that are expected to be conducted within the Captain of the Port Detroit Zone throughout the year. The purpose of the rulemaking is also to ensure vessels and persons are protected from the specific hazards related to the aforementioned events. These specific hazards include obstructions in the waterway that may cause marine casualties; collisions among vessels maneuvering at a high speed within a channel; the explosive dangers involved in pyrotechnics and hazardous cargo; and flaming/falling debris into the water that may cause injuries. The Coast Guard proposes this rulemaking under authority in 46 U.S.C. 70034, 70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. This proposed rule would consistently apprise the public in a timely manner through permanent publication in Title 33 of the Code of Federal Regulations. The table in this proposed rule would list each annual recurring event requiring a safety zone as administered by the Coast Guard. III. Discussion of Proposed Rule The purpose of this rulemaking is to combine all of the Captain of the Port Detroit Zones safety zones from 33 CFR 165.941 into one table under § 165.941. This table will ensure accuracy of times, dates, and dimensions for various marine events that are expected to be conducted within the Captain of the Port Detroit Zone throughout the year. We propose to remove § 165.941(a)(1) through § 165.941(60)(f) replacing these regulations with a table. Additionally, this proposed rule adds 3 new safety zones to table 165.941 for annually recurring events in the Captain of the Port Detroit Zone. These 3 zones VerDate Sep<11>2014 15:58 Mar 22, 2019 Jkt 247001 were approved and published in the Federal Register as temporary safety zones in 2018 and were added in order to protect the public from the safety hazards previously described. The Captain of the Port Detroit has determined that the safety zones in this proposed rule are necessary to ensure the safety of vessels and people during annual marine or triggering events in the Captain of the Port Detroit zone. Although this proposed rule will be effective year-round, the safety zones in this proposed rule will be enforced only immediately before, during, and after events that pose a hazard to the public and only upon a notice of enforcement by the Captain of the Port Detroit. The Captain of the Port Detroit will notify the public that the zones in this proposal are or will be enforced by all appropriate means to the affected segments of the public, including publication in the Federal Register, as practicable, in accordance with 33 CFR 165.7(a). Such means of notification may also include, but are not limited to, Broadcast Notice to Mariners or Local Notice to Mariners. All persons and vessels must comply with the instructions of the Coast Guard Captain of the Port Detroit or his or her designated representative. Entry into, transiting, or anchoring within the safety zones is prohibited unless authorized by the Captain of the Port or his or her designated representative. The Captain of the Port or his or her designated representative may be contacted via VHF Channel 16. IV. Regulatory Analyses We developed this proposed rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This NPRM has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, the NPRM has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 This regulatory action determination is based on the size, location, duration, and time of day of the safety zones. The safety zones created by this rule will be relatively small and effective during the time to ensure safety of spectator and participants for the listed triggering or marine events. Moreover, the Coast Guard would issue a Broadcast Notice to Mariners via VHF–FM about the zone, and the rule would allow vessels to seek permission to enter the zone. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section IV.A above, this proposed rule would not have a significant economic impact on any vessel owner or operator. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this proposed rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. C. Collection of Information This proposed rule would not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). E:\FR\FM\25MRP1.SGM 25MRP1 Federal Register / Vol. 84, No. 57 / Monday, March 25, 2019 / Proposed Rules D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this proposed rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this proposed 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. If you believe this proposed rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. E. 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 (adjusted for inflation) or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023–01, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule involves the establishment yearly triggering and marine events on and around Lake Erie, Lake Huron, St. Clair River, and the Detroit River. Normally such actions are categorically excluded from further review under paragraph VerDate Sep<11>2014 15:58 Mar 22, 2019 Jkt 247001 L[60a] of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 01. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places, or vessels. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at https:// www.regulations.gov. If your material cannot be submitted using https:// www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit https:// www.regulations.gov/privacyNotice. Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 165 as follows: PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 11031 PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. ■ 2. Revise § 165. 941 to read as follows: § 165.941 Safety Zones; Annual Events in the Captain of the Port Detroit Zone. (a) Regulations. The following regulations apply to the safety zones listed in Table 1 to § 165.941 of this section. Coordinates listed in Table 1 to § 165.941 are North American Datum of 1983 (NAD 83). (1) In accordance with the general regulations in § 165.23, entry into, transiting, or anchoring within any of the safety zones listed in this section is prohibited unless authorized by the Captain of the Port Detroit or a designated representative. (2) These safety zones are closed to all vessel traffic, except as may be permitted by the Captain of the Port Detroit or his designated on-scene representative. (3) Vessel operators desiring to enter or operate within the safety zone must contact the Captain of the Port Detroit or his on-scene representative to obtain permission to do so. The Captain of the Port Detroit or his on-scene representative may be contacted via VHF Channel 16. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the Captain of the Port Detroit, or his on-scene representative. (4) The enforcement dates and times for each of the safety zones listed in Table 1 to § 165.941 are subject to change, but the duration of enforcement would remain the same or nearly the same total number of hours as stated in the table. In the event of a change, the Captain of the Port Detroit will provide notice to the public by publishing a Notice of Enforcement in the Federal Register, as well as, issuing a Broadcast Notice to Mariners. (b) Definitions. The following definitions apply to this section: (1) Designated or on scene representative means any Coast Guard commissioned, warrant, or petty officers designated by the Captain of the Port Detroit to monitor a safety zone, permit entry into a safety zone, give legally enforceable orders to persons or vessels within a safety zone, and take other actions authorized by the Captain of the Port Detroit. E:\FR\FM\25MRP1.SGM 25MRP1 11032 Federal Register / Vol. 84, No. 57 / Monday, March 25, 2019 / Proposed Rules (2) Public vessel means a vessel that is owned, chartered, or operated by the United States, or by a State or political subdivision thereof. (3) Rain date refers to an alternate date and/or time in which the safety zone would be enforced in the event of inclement weather. (c) Suspension of enforcement. The Captain of the Port Detroit may suspend enforcement of any of these zones earlier than listed in this section. Should the Captain of the Port suspend any of these zones earlier than the listed duration in this section, he or she may make the public aware of this suspension by Broadcast Notice to Mariners and/or on-scene notice by his or her designated representative. (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 or her 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 safety or security. TABLE 1 TO § 165.941 COTP Zone Detroit Event Sector Detroit Safety Zones Date (1) Shoreline Surrounding Belle Isle Auto Race, Detroit, MI. All waters of the Detroit River near Belle Isle, bounded by a line extending from a point of land on the southern shore of Belle Isle located at the Dossin Museum at position 42°20.06′ N, 082°59.14′ W, to 50 yards offshore at position 42°20.04′ N, 082°59.13′ W, and continuing around the downstream (western) end of Belle Isle, maintaining a constant distance of 50 yards from the shoreline to position 42°20.25′ N, 083°00.04′ W, 50 yards NNW of the Lake Tacoma outlet on the northern side of Belle Isle, before returning to a point on shore and terminating at position 42°20.23′ N; 083°00.03′ W. All waters of Lake St. Clair, within a 200-yard radius of the fireworks launch site located on a barge offshore of Grosse Pointe War Memorial at approximate position 42°23.13′ N, 082°53.74′ W. All waters of Anchor Bay, Lake St. Clair, within a 300-yard radius of the fireworks launch site located on a barge offshore of New Baltimore City Park at approximate position 42°40.6′ N, 082°43.9′ W. All waters of Lake St. Clair, within a 200-yard radius of the fireworks launch site located on a barge anchored offshore of Ford’s Cove at position 42°27.2′ N, 082°51.9′ W. All waters of the Detroit River between the following two lines extending from 70 feet off the bank to the US/Canadian demarcation line: the first line is drawn directly across the channel at position 42°19.444′ N, 083°03.114′ W; the second line, to the north, is drawn directly across the channel at position 42°19.860′ N, 083°01.683′ W. The following three areas are safety zones: (A) All U.S. waters of the Detroit River a 300-yard radius centered on a point on shore adjacent to West Riverfront Park, Detroit, MI at position 42°19.38′ N, 083°03.43′ W. (B) The second safety zone area will encompass a portion of the Detroit River bounded on the South by the International Boundary line, on the West by 083°03′ W, on the North by the City of Detroit shoreline and on the East by 083°01′ W. (C) The third safety zone will encompass a portion of the Detroit River bounded on the South by the International Boundary line, on the West by the Ambassador Bridge, on the North by the City of Detroit shoreline, and on the East by the downstream end of Belle Isle. The Captain of the Port Detroit has determined that vessels below 65 feet in length may enter this zone All waters of the St. Clair River, within a 250-yard radius of the fireworks launch site located on a barge anchored mid-channel, off of Algonac City Park at position 42°37.1′ N, 082°31.3′ W. All waters of the Saginaw River from the Veterans Memorial Bridge, Bay City, MI, located at position 43°35.9′ N, 083°53.6′ W; south approximately 1100 yards to the River Walk Pier, located at position 43°35.3′ N, 083°53.8′ W. All waters of Saginaw Bay, within a 200-yard radius of the fireworks launch site located at the end of the Caseville break wall at position 43°56.86′ N, 083°17.1′ W. All waters of the Detroit River, within a 200-yard radius of the fireworks launch site located at the north end of the Trenton Channel at position 42°14.53′ N, 083°08.48′ W. All waters of the Detroit River within a 100-yard radius of the fireworks launch site located on the outer pier of the Grosse Ile Yacht Club at position 42°05.39′ N, 083°09.06′ W. Three consecutive days between May 15 and June 15. (2) Grosse Point War Memorial Red, White and Blue Gala Fireworks, Grosse Pointe Farms, MI. (3) Bay-Rama Fish Fly Festival Fireworks, New Baltimore, MI. (4) Sigma Gamma Fireworks, Grosse Pointe Farms, MI. (5) River Days Airshow, Detroit, MI (6) Detroit Fireworks, Detroit, MI .... (7) Algonac Fireworks, Algonac, MI (8) Bay City Festival, Bay City, MI .. (9) Caseville Fireworks, Caseville, MI. (10) Ecorse Fireworks, Ecorse, MI (11) Grosse Ile Fireworks, Grosse Ile, MI. VerDate Sep<11>2014 17:35 Mar 22, 2019 Jkt 247001 PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 E:\FR\FM\25MRP1.SGM One evening in May. One evening in June. One evening between June 15 and July 15. Four consecutive days in June or July. Three consecutive days beginning in June. Two consecutive evening between June 15 and July 15. Three consecutive evenings between June 15 and July 15. One evening between June 15 and July 15. One evening between June 15 and July 15. One evening between June 15 and July 15. 25MRP1 11033 Federal Register / Vol. 84, No. 57 / Monday, March 25, 2019 / Proposed Rules TABLE 1 TO § 165.941—Continued COTP Zone Detroit Event Sector Detroit Safety Zones Date (12) Grosse Pointe Farms Fireworks, Grosse Pointe Farms, MI. All waters of Lake St. Clair, within a 200-yard radius of the fireworks launch site located on shore at the southern point of a private park at position 42°23.84′ N, 082°53.25′ W. All waters of Lake St. Clair within a 200-yard radius of the fireworks launch site located on a barge offshore of the Grosse Pointe Yacht Club break wall at position 42°26.05′ N, 082°52.05′ W. All waters of Lake Huron within a 200-yard radius of the fireworks launch site located on shore at the end of the DTE Power Plant at position 43°50.77′ N, 082°38.63′ W. All waters of Lake St. Clair within a 300-yard radius of the fireworks launch site located on a barge offshore of the Belle Maer Harbor break wall at position 42°36.55′ N, 082°47.55′ W. All waters of Lake Huron within a 200-yard radius of the fireworks launch site located at the end of the Harrisville Harbor break wall at position 44°39.40′ N, 083°17.03′ W. All waters of Lake Huron within a 200-yard radius of the fireworks launch site located at the end of the Lexington break wall at position 43°16.00′ N, 082°31.36′ W. All waters of Lake Huron within a 200-yard radius of the fireworks launch site located at the end of the Oscoda Beach Park pier at position 44°25.27′ N, 083°19.48′ W. All waters of Lake Huron within a 200-yard radius of the fireworks launch site located on the Port Austin break wall at position 44°03.08′ N, 082°59.40′ W. All waters of Lake Huron within a 200-yard radius of the fireworks launch site located on the south break wall of Port Sanilac Harbor at position 43°25.84′ N, 082°32.15′ W. All waters of the St. Clair River, within a 200-yard radius of the fireworks launch site located on a barge offshore of St. Clair, MI, at position 42°49.38′ N, 082°29.0′ W. All waters of Lake St. Clair within a 250-yard radius of the fireworks launch site located on a barge anchored offshore of Veterans Memorial Park at approximate position 42°31.6′ N, 082°52.0′ W. All waters of Lake Huron within a 200-yard radius of the fireworks launch site located on a barge offshore of East Tawas City Park at approximate position 44°16.4′ N, 083°29.7′ W. 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. This area is located at the end of the pier near the end of Riverside Drive in Au Gres, MI. All waters of the Black River within a 300-yard radius of the fireworks barge located at position 42°58′ N, 082°25′ W. This position is located 300 yards east of 223 Huron Ave., Black River. 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. This area is located near the southern end of Harsens Island, MI. All waters of the St. Clair River within a 200-yard radius of the fireworks launch site located on shore at the northern point of Kiefer Park at approximate position 42°58.84′ N, 082°25.20′ W. All waters of Lake St. Clair, within a 200-yard radius of the fireworks launch site located on a barge anchored offshore of Ford’s Cove at position 42°27.25′ N, 082°51.95′ W. All waters of the Detroit River within a 300-yard radius of the fireworks barge located at position 42°09′ N, 083°10′ W. This position is located 200 yards east of Trenton in the Trenton Channel near Trenton, MI. All waters of Lake St. Clair within a 300-yard radius of the fireworks barge located at position 42°28′ N, 082°52′ W. This position is located 600 yards off Jefferson Beach Marina, Lake St, Clair. 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. This area is located near the break wall located at Caseville County Park, Caseville, MI. All waters of the Detroit River within a 200-yard radius of the fireworks launch site located on a barge anchored offshore of Roostertail at position 42°21.27′ N, 082°58.36′ W. All waters of the St. Clair River within a 200-yard radius of the fireworks launch site located on a barge offshore of Marine City Park at position 42°43.15′ N, 082°29.2′ W. One evening between June 15 and July 15. (13) Grosse Point Yacht Club Fireworks, Grosse Pointe Shores, MI. (14) Harbor Beach Fireworks, Harbor Beach, MI. (15) Belle Maer Harbor Fireworks, Harrison Twp, MI. (16) Harrisville Fireworks, Harrisville, MI. (17) Lexington ington, MI. Fireworks, Lex- (18) Oscoda Fireworks, Oscoda, MI (19) Port Austin Fireworks, Port Austin, MI. (20) Port Sanilac Fireworks, Port Sanilac, MI. (21) St. Clair Fireworks, St. Clair, MI. (22) St. Clair Shores Fireworks, St. Clair Shores, MI. (23) Tawas Fireworks, Tawas, MI .. (24) Arenac Fireworks, Au Gres, MI (25) Port Huron Fireworks, Port Huron, MI. (26) Old Club Fireworks, Harsens Island, MI. (27) Port Huron Blue Water Festival Fireworks, Port Huron, MI. (28) Detroit Symphony Orchestra Fireworks, Grosse Pointe Shores, MI. (29) Trenton Fireworks, Trenton, MI (30) Venetian Festival Fireworks .... (31) Cheeseburger Festival Fireworks, Caseville, MI. (32) Roostertail Fireworks, Detroit, MI. (33) Marine City Maritime Days Fireworks, Marine City, MI. VerDate Sep<11>2014 17:35 Mar 22, 2019 Jkt 247001 PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 E:\FR\FM\25MRP1.SGM One evening between June 15 and July 15. One evening in June or July. One evening between June 15 and July 15. One evening between June 15 and July 15. One evening between June 15 and July 15. One evening between June 15 and July 15. One evening between June 15 and July 15. One evening between June 15 and July 15. One evening between June 15 and July 15. One evening between June 15 and July 15. One evening between June 15 and July 15. One evening between June 15 and July 15. One evening between June 15 and July 15. One evening between June 15 and July 15. One evening in July. Two consecutive evenings tween July 1 and July 31. be- One evening between July 1 and July 31. One evening in August. One evening in August. Three separate evenings between June 15 and September 31. One evening between July 15 and August 15. 25MRP1 11034 Federal Register / Vol. 84, No. 57 / Monday, March 25, 2019 / Proposed Rules TABLE 1 TO § 165.941—Continued COTP Zone Detroit Event Sector Detroit Safety Zones Date (34) Detroit International Jazz Festival Fireworks, Detroit, MI. All waters of the St. Clair River within a 100 yard radius of the fireworks launch site located at position 42°42.9′ N, 082°29.1′ W. This area is located east of Marine City. One evening between August 15 and September 15. Event Marine Safety Unit Toledo Safety Zones Date (35) Washington Township Summerfest Fireworks, Toledo, OH. (36) Put-In-Bay 4th of July Fireworks, Put-In-Bay, OH. All waters of the Ottawa River within a 600-foot radius of the fireworks launch site located on the Fred C. Young bridge at position 41°43.29′ N, 083°28.47′ W. All waters of Lake Erie within a 1000-foot radius of the fireworks launch site located in Put-In-Bay Harbor at position 41°39.7′ N, 082°48.0′ W. (37) Toledo Country Club Memorial All waters of the Maumee River within a 250-yard radius of the fireCelebration and Fireworks, Toworks launch site located on shore on the Toledo Country Club’s ledo, OH. 18th Green at position 41°35.37′ N, 083°35.5′ W. (38) Freedom Festival, Luna Pier, All waters of Lake Erie within a 300-yard radius of the fireworks MI. launch site located on the Clyde E. Evens Municipal Pier at position 41°48.39′ N, 083°26.20′ W. (39) Toledo Country Club 4th of All waters of the Maumee River within a 250-yard radius of the fireJuly Fireworks, Toledo, OH. works launch site located on shore on the Toledo Country Club’s 18th Green at position 41°35.37′ N, 083°35.5′ W. (40) Lakeside July 4th Fireworks, All waters of Lake Erie within a 200-yard radius of the fireworks Lakeside, OH. launch site located on the Lakeside Association Dock at position 41°32.52′ N, 082°45.03′ W. (41) Catawba Island Club Fire- All waters of Lake Erie within a 300-yard radius of the fireworks works, Catawba Island, OH. launch site located on the northwest end of the Catawba Cliffs Harbor Light Pier at position 41°34.18′ N, 082°51.18′ W. (42) Red, White and Blues Bang All waters of the Huron River within a 300-yard radius of the fireFireworks, Huron, OH. works launch site located on the Huron Ore Docks at position 41°23.29′ N, 082°32.55′ W. (43) Huron Riverfest Fireworks, All waters of the Huron River within a 350-yard radius of the fireHuron, OH. works launch site located on the Huron Ore Docks at position 41°23.38′ N, 082°32.59′ W. (44) End of Season Fireworks, All waters of Lake Erie within a 200-yard radius of the fireworks Lakeside, OH. launch site located on the Lakeside Association Dock at position 41°32.52′ N, 082°45.03′ W. (45) Annual Labor Day Weekend All waters of Lake Erie within a 300-yard radius of the fireworks Fireworks Show, Catawba Island, launch site located on the northwest end of the Catawba Cliffs HarOH. bor Light Pier at position 41°34.3′ N, 082°51.3′ W. (46) Toledo July 4th Fireworks, To- All waters of the Maumee River within a 300-yard radius of the fireledo, OH. works launch site located in International Park, Toledo, OH, at position 41°38.44′ N, 083°31.49′ W. (47) Memorial Day Weekend Fire- All waters of Lake Erie within a 300-yard radius of the fireworks works Show, Catawba Island, OH. launch site located on the northwest end of the Catawba Cliffs Harbor Light Pier at position 41°34.18′ N, 082°51.18′ W. (48) Put-In-Bay Chamber of Com- All waters of Lake Erie within a 350-yard radius of the fireworks merce Fireworks, Put-In-Bay, OH. launch site located in Put-In-Bay Harbor at position 41°39.3′ N, 082°49.0′ W. (49) Bay Point Fireworks Display, Marblehead, OH. (50) LAZ Trommler Fireworks, Marblehead, OH. (51) Downtown Sandusky Fireworks, Sandusky, OH. All waters of Lake Erie within a 250-yard radius of the fireworks launch site located on shore in the vicinity of Bay Point, Marblehead, OH, at position 41°30.3′ N, 082°43.1′ W. All waters of the Sandusky Bay within a 500 foot radius of the fireworks launch site located at position 41°30′16″ N, 083°48′08″ W. All waters of the Sandusky Bay within a 280-foot radius of the fireworks launch site located at position 41°27′32.74″ N, 082°42′52.02″ W. One evening between June 15 and July 15. One evening between June 15 and July 15. One evening between May 15 and May 31. One evening between June 15 and July 15. One evening between June 15 and July 15. One evening between June 15 and July 15. One evening between June 15 and July 15. One evening in July. One evening in July. One evening between September 1 and September 15. One evening between September 1 and September 15. One evening between June 15 and July 15. One evening between May 15 and May 31. Two separate evenings between June 15 and June 31, and two separate evenings between September 1 and September 15. One evening between June 15 and July 15. One evening between June 15 and July 15. One evening between December 31 and January 1. Dated: March 19, 2019. Jeffrey W. Novak, Captain, U.S. Coast Guard, Captain of the Port Detroit. [FR Doc. 2019–05607 Filed 3–22–19; 8:45 am] BILLING CODE 9110–04–P VerDate Sep<11>2014 17:35 Mar 22, 2019 Jkt 247001 PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 E:\FR\FM\25MRP1.SGM 25MRP1

Agencies

[Federal Register Volume 84, Number 57 (Monday, March 25, 2019)]
[Proposed Rules]
[Pages 11029-11034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05607]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0132]
RIN 1625-AA00


Safety Zones; Annual Safety Zones in the Captain of the Port 
Detroit Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to amend its recurring safety zones 
regulations in the Captain of the Port Detroit zone. This proposed rule 
would update 51 safety zone locations, dates, and sizes, add 3 safety 
zones, remove 6 established safety zones and reformat the regulations 
into an easier to read table format. These proposed amendments will 
protect spectators, participants, and vessels from the hazards 
associated with annual marine events and firework shows, and improve 
the clarity and readability of the regulation. We invite your comments 
on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 24, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0132 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

[[Page 11030]]


FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Tracy Girard, Prevention Department, 
Sector Detroit, Coast Guard; telephone (313) 568-9564, email 
Tracy.M.Girard@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The purpose of this rulemaking is to update the safety zones in 
Sec.  165.941 to ensure accuracy of times, dates, and dimensions for 
various triggering and marine events that are expected to be conducted 
within the Captain of the Port Detroit Zone throughout the year. The 
purpose of the rulemaking is also to ensure vessels and persons are 
protected from the specific hazards related to the aforementioned 
events. These specific hazards include obstructions in the waterway 
that may cause marine casualties; collisions among vessels maneuvering 
at a high speed within a channel; the explosive dangers involved in 
pyrotechnics and hazardous cargo; and flaming/falling debris into the 
water that may cause injuries. The Coast Guard proposes this rulemaking 
under authority in 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.
    This proposed rule would consistently apprise the public in a 
timely manner through permanent publication in Title 33 of the Code of 
Federal Regulations. The table in this proposed rule would list each 
annual recurring event requiring a safety zone as administered by the 
Coast Guard.

III. Discussion of Proposed Rule

    The purpose of this rulemaking is to combine all of the Captain of 
the Port Detroit Zones safety zones from 33 CFR 165.941 into one table 
under Sec.  165.941. This table will ensure accuracy of times, dates, 
and dimensions for various marine events that are expected to be 
conducted within the Captain of the Port Detroit Zone throughout the 
year. We propose to remove Sec.  165.941(a)(1) through Sec.  
165.941(60)(f) replacing these regulations with a table.
    Additionally, this proposed rule adds 3 new safety zones to table 
165.941 for annually recurring events in the Captain of the Port 
Detroit Zone. These 3 zones were approved and published in the Federal 
Register as temporary safety zones in 2018 and were added in order to 
protect the public from the safety hazards previously described.
    The Captain of the Port Detroit has determined that the safety 
zones in this proposed rule are necessary to ensure the safety of 
vessels and people during annual marine or triggering events in the 
Captain of the Port Detroit zone. Although this proposed rule will be 
effective year-round, the safety zones in this proposed rule will be 
enforced only immediately before, during, and after events that pose a 
hazard to the public and only upon a notice of enforcement by the 
Captain of the Port Detroit.
    The Captain of the Port Detroit will notify the public that the 
zones in this proposal are or will be enforced by all appropriate means 
to the affected segments of the public, including publication in the 
Federal Register, as practicable, in accordance with 33 CFR 165.7(a). 
Such means of notification may also include, but are not limited to, 
Broadcast Notice to Mariners or Local Notice to Mariners.
    All persons and vessels must comply with the instructions of the 
Coast Guard Captain of the Port Detroit or his or her designated 
representative. Entry into, transiting, or anchoring within the safety 
zones is prohibited unless authorized by the Captain of the Port or his 
or her designated representative. The Captain of the Port or his or her 
designated representative may be contacted via VHF Channel 16.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive orders and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time of day of the safety zones. The safety 
zones created by this rule will be relatively small and effective 
during the time to ensure safety of spectator and participants for the 
listed triggering or marine events. Moreover, the Coast Guard would 
issue a Broadcast Notice to Mariners via VHF-FM about the zone, and the 
rule would allow vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

[[Page 11031]]

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. 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 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01, which guides the Coast Guard in 
complying with the National Environmental Policy Act of 1969 (42 U.S.C. 
4321-4370f), and have made a preliminary determination that this action 
is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
proposed rule involves the establishment yearly triggering and marine 
events on and around Lake Erie, Lake Huron, St. Clair River, and the 
Detroit River. Normally such actions are categorically excluded from 
further review under paragraph L[60a] of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit https://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Revise Sec.  165. 941 to read as follows:


Sec.  165.941  Safety Zones; Annual Events in the Captain of the Port 
Detroit Zone.

    (a) Regulations. The following regulations apply to the safety 
zones listed in Table 1 to Sec.  165.941 of this section. Coordinates 
listed in Table 1 to Sec.  165.941 are North American Datum of 1983 
(NAD 83).
    (1) In accordance with the general regulations in Sec.  165.23, 
entry into, transiting, or anchoring within any of the safety zones 
listed in this section is prohibited unless authorized by the Captain 
of the Port Detroit or a designated representative.
    (2) These safety zones are closed to all vessel traffic, except as 
may be permitted by the Captain of the Port Detroit or his designated 
on-scene representative.
    (3) Vessel operators desiring to enter or operate within the safety 
zone must contact the Captain of the Port Detroit or his on-scene 
representative to obtain permission to do so. The Captain of the Port 
Detroit or his on-scene representative may be contacted via VHF Channel 
16. Vessel operators given permission to enter or operate in the safety 
zone must comply with all directions given to them by the Captain of 
the Port Detroit, or his on-scene representative.
    (4) The enforcement dates and times for each of the safety zones 
listed in Table 1 to Sec.  165.941 are subject to change, but the 
duration of enforcement would remain the same or nearly the same total 
number of hours as stated in the table. In the event of a change, the 
Captain of the Port Detroit will provide notice to the public by 
publishing a Notice of Enforcement in the Federal Register, as well as, 
issuing a Broadcast Notice to Mariners.
    (b) Definitions. The following definitions apply to this section:
    (1) Designated or on scene representative means any Coast Guard 
commissioned, warrant, or petty officers designated by the Captain of 
the Port Detroit to monitor a safety zone, permit entry into a safety 
zone, give legally enforceable orders to persons or vessels within a 
safety zone, and take other actions authorized by the Captain of the 
Port Detroit.

[[Page 11032]]

    (2) Public vessel means a vessel that is owned, chartered, or 
operated by the United States, or by a State or political subdivision 
thereof.
    (3) Rain date refers to an alternate date and/or time in which the 
safety zone would be enforced in the event of inclement weather.
    (c) Suspension of enforcement. The Captain of the Port Detroit may 
suspend enforcement of any of these zones earlier than listed in this 
section. Should the Captain of the Port suspend any of these zones 
earlier than the listed duration in this section, he or she may make 
the public aware of this suspension by Broadcast Notice to Mariners 
and/or on-scene notice by his or her designated representative.
    (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 
or her 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 safety or security.

                        Table 1 to Sec.   165.941
------------------------------------------------------------------------
                            COTP Zone Detroit
-------------------------------------------------------------------------
                                 Sector Detroit Safety
             Event                       Zones                Date
------------------------------------------------------------------------
(1) Shoreline Surrounding       All waters of the       Three
 Belle Isle Auto Race,           Detroit River near      consecutive
 Detroit, MI.                    Belle Isle, bounded     days between
                                 by a line extending     May 15 and June
                                 from a point of land    15.
                                 on the southern shore
                                 of Belle Isle located
                                 at the Dossin Museum
                                 at position
                                 42[deg]20.06' N,
                                 082[deg]59.14' W, to
                                 50 yards offshore at
                                 position
                                 42[deg]20.04' N,
                                 082[deg]59.13' W, and
                                 continuing around the
                                 downstream (western)
                                 end of Belle Isle,
                                 maintaining a
                                 constant distance of
                                 50 yards from the
                                 shoreline to position
                                 42[deg]20.25' N,
                                 083[deg]00.04' W, 50
                                 yards NNW of the Lake
                                 Tacoma outlet on the
                                 northern side of
                                 Belle Isle, before
                                 returning to a point
                                 on shore and
                                 terminating at
                                 position
                                 42[deg]20.23' N;
                                 083[deg]00.03' W.
(2) Grosse Point War Memorial   All waters of Lake St.  One evening in
 Red, White and Blue Gala        Clair, within a 200-    May.
 Fireworks, Grosse Pointe        yard radius of the
 Farms, MI.                      fireworks launch site
                                 located on a barge
                                 offshore of Grosse
                                 Pointe War Memorial
                                 at approximate
                                 position
                                 42[deg]23.13' N,
                                 082[deg]53.74' W.
(3) Bay-Rama Fish Fly Festival  All waters of Anchor    One evening in
 Fireworks, New Baltimore, MI.   Bay, Lake St. Clair,    June.
                                 within a 300-yard
                                 radius of the
                                 fireworks launch site
                                 located on a barge
                                 offshore of New
                                 Baltimore City Park
                                 at approximate
                                 position 42[deg]40.6'
                                 N, 082[deg]43.9' W.
(4) Sigma Gamma Fireworks,      All waters of Lake St.  One evening
 Grosse Pointe Farms, MI.        Clair, within a 200-    between June 15
                                 yard radius of the      and July 15.
                                 fireworks launch site
                                 located on a barge
                                 anchored offshore of
                                 Ford's Cove at
                                 position 42[deg]27.2'
                                 N, 082[deg]51.9' W.
(5) River Days Airshow,         All waters of the       Four consecutive
 Detroit, MI.                    Detroit River between   days in June or
                                 the following two       July.
                                 lines extending from
                                 70 feet off the bank
                                 to the US/Canadian
                                 demarcation line: the
                                 first line is drawn
                                 directly across the
                                 channel at position
                                 42[deg]19.444' N,
                                 083[deg]03.114' W;
                                 the second line, to
                                 the north, is drawn
                                 directly across the
                                 channel at position
                                 42[deg]19.860' N,
                                 083[deg]01.683' W.
(6) Detroit Fireworks,          The following three     Three
 Detroit, MI.                    areas are safety        consecutive
                                 zones:                  days beginning
                                (A) All U.S. waters of   in June.
                                 the Detroit River a
                                 300-yard radius
                                 centered on a point
                                 on shore adjacent to
                                 West Riverfront Park,
                                 Detroit, MI at
                                 position
                                 42[deg]19.38' N,
                                 083[deg]03.43' W..
                                (B) The second safety
                                 zone area will
                                 encompass a portion
                                 of the Detroit River
                                 bounded on the South
                                 by the International
                                 Boundary line, on the
                                 West by 083[deg]03'
                                 W, on the North by
                                 the City of Detroit
                                 shoreline and on the
                                 East by 083[deg]01'
                                 W..
                                (C) The third safety
                                 zone will encompass a
                                 portion of the
                                 Detroit River bounded
                                 on the South by the
                                 International
                                 Boundary line, on the
                                 West by the
                                 Ambassador Bridge, on
                                 the North by the City
                                 of Detroit shoreline,
                                 and on the East by
                                 the downstream end of
                                 Belle Isle. The
                                 Captain of the Port
                                 Detroit has
                                 determined that
                                 vessels below 65 feet
                                 in length may enter
                                 this zone.
(7) Algonac Fireworks,          All waters of the St.   Two consecutive
 Algonac, MI.                    Clair River, within a   evening between
                                 250-yard radius of      June 15 and
                                 the fireworks launch    July 15.
                                 site located on a
                                 barge anchored mid-
                                 channel, off of
                                 Algonac City Park at
                                 position 42[deg]37.1'
                                 N, 082[deg]31.3' W.
(8) Bay City Festival, Bay      All waters of the       Three
 City, MI.                       Saginaw River from      consecutive
                                 the Veterans Memorial   evenings
                                 Bridge, Bay City, MI,   between June 15
                                 located at position     and July 15.
                                 43[deg]35.9' N,
                                 083[deg]53.6' W;
                                 south approximately
                                 1100 yards to the
                                 River Walk Pier,
                                 located at position
                                 43[deg]35.3' N,
                                 083[deg]53.8' W.
(9) Caseville Fireworks,        All waters of Saginaw   One evening
 Caseville, MI.                  Bay, within a 200-      between June 15
                                 yard radius of the      and July 15.
                                 fireworks launch site
                                 located at the end of
                                 the Caseville break
                                 wall at position
                                 43[deg]56.86' N,
                                 083[deg]17.1' W.
(10) Ecorse Fireworks, Ecorse,  All waters of the       One evening
 MI.                             Detroit River, within   between June 15
                                 a 200-yard radius of    and July 15.
                                 the fireworks launch
                                 site located at the
                                 north end of the
                                 Trenton Channel at
                                 position
                                 42[deg]14.53' N,
                                 083[deg]08.48' W.
(11) Grosse Ile Fireworks,      All waters of the       One evening
 Grosse Ile, MI.                 Detroit River within    between June 15
                                 a 100-yard radius of    and July 15.
                                 the fireworks launch
                                 site located on the
                                 outer pier of the
                                 Grosse Ile Yacht Club
                                 at position
                                 42[deg]05.39' N,
                                 083[deg]09.06' W.

[[Page 11033]]

 
(12) Grosse Pointe Farms        All waters of Lake St.  One evening
 Fireworks, Grosse Pointe        Clair, within a 200-    between June 15
 Farms, MI.                      yard radius of the      and July 15.
                                 fireworks launch site
                                 located on shore at
                                 the southern point of
                                 a private park at
                                 position
                                 42[deg]23.84' N,
                                 082[deg]53.25' W.
(13) Grosse Point Yacht Club    All waters of Lake St.  One evening
 Fireworks, Grosse Pointe        Clair within a 200-     between June 15
 Shores, MI.                     yard radius of the      and July 15.
                                 fireworks launch site
                                 located on a barge
                                 offshore of the
                                 Grosse Pointe Yacht
                                 Club break wall at
                                 position
                                 42[deg]26.05' N,
                                 082[deg]52.05' W.
(14) Harbor Beach Fireworks,    All waters of Lake      One evening in
 Harbor Beach, MI.               Huron within a 200-     June or July.
                                 yard radius of the
                                 fireworks launch site
                                 located on shore at
                                 the end of the DTE
                                 Power Plant at
                                 position
                                 43[deg]50.77' N,
                                 082[deg]38.63' W.
(15) Belle Maer Harbor          All waters of Lake St.  One evening
 Fireworks, Harrison Twp, MI.    Clair within a 300-     between June 15
                                 yard radius of the      and July 15.
                                 fireworks launch site
                                 located on a barge
                                 offshore of the Belle
                                 Maer Harbor break
                                 wall at position
                                 42[deg]36.55' N,
                                 082[deg]47.55' W.
(16) Harrisville Fireworks,     All waters of Lake      One evening
 Harrisville, MI.                Huron within a 200-     between June 15
                                 yard radius of the      and July 15.
                                 fireworks launch site
                                 located at the end of
                                 the Harrisville
                                 Harbor break wall at
                                 position
                                 44[deg]39.40' N,
                                 083[deg]17.03' W.
(17) Lexington Fireworks,       All waters of Lake      One evening
 Lexington, MI.                  Huron within a 200-     between June 15
                                 yard radius of the      and July 15.
                                 fireworks launch site
                                 located at the end of
                                 the Lexington break
                                 wall at position
                                 43[deg]16.00' N,
                                 082[deg]31.36' W.
(18) Oscoda Fireworks, Oscoda,  All waters of Lake      One evening
 MI.                             Huron within a 200-     between June 15
                                 yard radius of the      and July 15.
                                 fireworks launch site
                                 located at the end of
                                 the Oscoda Beach Park
                                 pier at position
                                 44[deg]25.27' N,
                                 083[deg]19.48' W.
(19) Port Austin Fireworks,     All waters of Lake      One evening
 Port Austin, MI.                Huron within a 200-     between June 15
                                 yard radius of the      and July 15.
                                 fireworks launch site
                                 located on the Port
                                 Austin break wall at
                                 position
                                 44[deg]03.08' N,
                                 082[deg]59.40' W.
(20) Port Sanilac Fireworks,    All waters of Lake      One evening
 Port Sanilac, MI.               Huron within a 200-     between June 15
                                 yard radius of the      and July 15.
                                 fireworks launch site
                                 located on the south
                                 break wall of Port
                                 Sanilac Harbor at
                                 position
                                 43[deg]25.84' N,
                                 082[deg]32.15' W.
(21) St. Clair Fireworks, St.   All waters of the St.   One evening
 Clair, MI.                      Clair River, within a   between June 15
                                 200-yard radius of      and July 15.
                                 the fireworks launch
                                 site located on a
                                 barge offshore of St.
                                 Clair, MI, at
                                 position
                                 42[deg]49.38' N,
                                 082[deg]29.0' W.
(22) St. Clair Shores           All waters of Lake St.  One evening
 Fireworks, St. Clair Shores,    Clair within a 250-     between June 15
 MI.                             yard radius of the      and July 15.
                                 fireworks launch site
                                 located on a barge
                                 anchored offshore of
                                 Veterans Memorial
                                 Park at approximate
                                 position 42[deg]31.6'
                                 N, 082[deg]52.0' W.
(23) Tawas Fireworks, Tawas,    All waters of Lake      One evening
 MI.                             Huron within a 200-     between June 15
                                 yard radius of the      and July 15.
                                 fireworks launch site
                                 located on a barge
                                 offshore of East
                                 Tawas City Park at
                                 approximate position
                                 44[deg]16.4' N,
                                 083[deg]29.7' W.
(24) Arenac Fireworks, Au       All waters of Saginaw   One evening
 Gres, MI.                       Bay within a 700-foot   between June 15
                                 radius of the           and July 15.
                                 fireworks launch site
                                 located at position
                                 44[deg]1.4' N,
                                 083[deg]40.4' W. This
                                 area is located at
                                 the end of the pier
                                 near the end of
                                 Riverside Drive in Au
                                 Gres, MI.
(25) Port Huron Fireworks,      All waters of the       One evening
 Port Huron, MI.                 Black River within a    between June 15
                                 300-yard radius of      and July 15.
                                 the fireworks barge
                                 located at position
                                 42[deg]58' N,
                                 082[deg]25' W. This
                                 position is located
                                 300 yards east of 223
                                 Huron Ave., Black
                                 River.
(26) Old Club Fireworks,        All waters of Lake St.  One evening
 Harsens Island, MI.             Clair within an 850-    between June 15
                                 foot radius of the      and July 15.
                                 fireworks launch site
                                 located at position
                                 42[deg]32.4' N,
                                 082[deg]40.1' W. This
                                 area is located near
                                 the southern end of
                                 Harsens Island, MI.
(27) Port Huron Blue Water      All waters of the St.   One evening in
 Festival Fireworks, Port        Clair River within a    July.
 Huron, MI.                      200-yard radius of
                                 the fireworks launch
                                 site located on shore
                                 at the northern point
                                 of Kiefer Park at
                                 approximate position
                                 42[deg]58.84' N,
                                 082[deg]25.20' W.
(28) Detroit Symphony           All waters of Lake St.  Two consecutive
 Orchestra Fireworks, Grosse     Clair, within a 200-    evenings
 Pointe Shores, MI.              yard radius of the      between July 1
                                 fireworks launch site   and July 31.
                                 located on a barge
                                 anchored offshore of
                                 Ford's Cove at
                                 position
                                 42[deg]27.25' N,
                                 082[deg]51.95' W.
(29) Trenton Fireworks,         All waters of the       One evening
 Trenton, MI.                    Detroit River within    between July 1
                                 a 300-yard radius of    and July 31.
                                 the fireworks barge
                                 located at position
                                 42[deg]09' N,
                                 083[deg]10' W. This
                                 position is located
                                 200 yards east of
                                 Trenton in the
                                 Trenton Channel near
                                 Trenton, MI.
(30) Venetian Festival          All waters of Lake St.  One evening in
 Fireworks.                      Clair within a 300-     August.
                                 yard radius of the
                                 fireworks barge
                                 located at position
                                 42[deg]28' N,
                                 082[deg]52' W. This
                                 position is located
                                 600 yards off
                                 Jefferson Beach
                                 Marina, Lake St,
                                 Clair.
(31) Cheeseburger Festival      All waters of Lake      One evening in
 Fireworks, Caseville, MI.       Huron within a 300-     August.
                                 foot radius of the
                                 fireworks launch site
                                 located at position
                                 43[deg]56.9' N,
                                 083[deg]17.2' W. This
                                 area is located near
                                 the break wall
                                 located at Caseville
                                 County Park,
                                 Caseville, MI.
(32) Roostertail Fireworks,     All waters of the       Three separate
 Detroit, MI.                    Detroit River within    evenings
                                 a 200-yard radius of    between June 15
                                 the fireworks launch    and September
                                 site located on a       31.
                                 barge anchored
                                 offshore of
                                 Roostertail at
                                 position
                                 42[deg]21.27' N,
                                 082[deg]58.36' W.
(33) Marine City Maritime Days  All waters of the St.   One evening
 Fireworks, Marine City, MI.     Clair River within a    between July 15
                                 200-yard radius of      and August 15.
                                 the fireworks launch
                                 site located on a
                                 barge offshore of
                                 Marine City Park at
                                 position
                                 42[deg]43.15' N,
                                 082[deg]29.2' W.

[[Page 11034]]

 
(34) Detroit International      All waters of the St.   One evening
 Jazz Festival Fireworks,        Clair River within a    between August
 Detroit, MI.                    100 yard radius of      15 and
                                 the fireworks launch    September 15.
                                 site located at
                                 position 42[deg]42.9'
                                 N, 082[deg]29.1' W.
                                 This area is located
                                 east of Marine City.
------------------------------------------------------------------------


 
                                  Marine Safety Unit
             Event                Toledo Safety Zones         Date
------------------------------------------------------------------------
(35) Washington Township        All waters of the       One evening
 Summerfest Fireworks, Toledo,   Ottawa River within a   between June 15
 OH.                             600-foot radius of      and July 15.
                                 the fireworks launch
                                 site located on the
                                 Fred C. Young bridge
                                 at position
                                 41[deg]43.29' N,
                                 083[deg]28.47' W.
(36) Put-In-Bay 4th of July     All waters of Lake      One evening
 Fireworks, Put-In-Bay, OH.      Erie within a 1000-     between June 15
                                 foot radius of the      and July 15.
                                 fireworks launch site
                                 located in Put-In-Bay
                                 Harbor at position
                                 41[deg]39.7' N,
                                 082[deg]48.0' W.
(37) Toledo Country Club        All waters of the       One evening
 Memorial Celebration and        Maumee River within a   between May 15
 Fireworks, Toledo, OH.          250-yard radius of      and May 31.
                                 the fireworks launch
                                 site located on shore
                                 on the Toledo Country
                                 Club's 18th Green at
                                 position
                                 41[deg]35.37' N,
                                 083[deg]35.5' W.
(38) Freedom Festival, Luna     All waters of Lake      One evening
 Pier, MI.                       Erie within a 300-      between June 15
                                 yard radius of the      and July 15.
                                 fireworks launch site
                                 located on the Clyde
                                 E. Evens Municipal
                                 Pier at position
                                 41[deg]48.39' N,
                                 083[deg]26.20' W.
(39) Toledo Country Club 4th    All waters of the       One evening
 of July Fireworks, Toledo, OH.  Maumee River within a   between June 15
                                 250-yard radius of      and July 15.
                                 the fireworks launch
                                 site located on shore
                                 on the Toledo Country
                                 Club's 18th Green at
                                 position
                                 41[deg]35.37' N,
                                 083[deg]35.5' W.
(40) Lakeside July 4th          All waters of Lake      One evening
 Fireworks, Lakeside, OH.        Erie within a 200-      between June 15
                                 yard radius of the      and July 15.
                                 fireworks launch site
                                 located on the
                                 Lakeside Association
                                 Dock at position
                                 41[deg]32.52' N,
                                 082[deg]45.03' W.
(41) Catawba Island Club        All waters of Lake      One evening
 Fireworks, Catawba Island, OH.  Erie within a 300-      between June 15
                                 yard radius of the      and July 15.
                                 fireworks launch site
                                 located on the
                                 northwest end of the
                                 Catawba Cliffs Harbor
                                 Light Pier at
                                 position
                                 41[deg]34.18' N,
                                 082[deg]51.18' W.
(42) Red, White and Blues Bang  All waters of the       One evening in
 Fireworks, Huron, OH.           Huron River within a    July.
                                 300-yard radius of
                                 the fireworks launch
                                 site located on the
                                 Huron Ore Docks at
                                 position
                                 41[deg]23.29' N,
                                 082[deg]32.55' W.
(43) Huron Riverfest            All waters of the       One evening in
 Fireworks, Huron, OH.           Huron River within a    July.
                                 350-yard radius of
                                 the fireworks launch
                                 site located on the
                                 Huron Ore Docks at
                                 position
                                 41[deg]23.38' N,
                                 082[deg]32.59' W.
(44) End of Season Fireworks,   All waters of Lake      One evening
 Lakeside, OH.                   Erie within a 200-      between
                                 yard radius of the      September 1 and
                                 fireworks launch site   September 15.
                                 located on the
                                 Lakeside Association
                                 Dock at position
                                 41[deg]32.52' N,
                                 082[deg]45.03' W.
(45) Annual Labor Day Weekend   All waters of Lake      One evening
 Fireworks Show, Catawba         Erie within a 300-      between
 Island, OH.                     yard radius of the      September 1 and
                                 fireworks launch site   September 15.
                                 located on the
                                 northwest end of the
                                 Catawba Cliffs Harbor
                                 Light Pier at
                                 position 41[deg]34.3'
                                 N, 082[deg]51.3' W.
(46) Toledo July 4th            All waters of the       One evening
 Fireworks, Toledo, OH.          Maumee River within a   between June 15
                                 300-yard radius of      and July 15.
                                 the fireworks launch
                                 site located in
                                 International Park,
                                 Toledo, OH, at
                                 position
                                 41[deg]38.44' N,
                                 083[deg]31.49' W.
(47) Memorial Day Weekend       All waters of Lake      One evening
 Fireworks Show, Catawba         Erie within a 300-      between May 15
 Island, OH.                     yard radius of the      and May 31.
                                 fireworks launch site
                                 located on the
                                 northwest end of the
                                 Catawba Cliffs Harbor
                                 Light Pier at
                                 position
                                 41[deg]34.18' N,
                                 082[deg]51.18' W.
(48) Put-In-Bay Chamber of      All waters of Lake      Two separate
 Commerce Fireworks, Put-In-     Erie within a 350-      evenings
 Bay, OH.                        yard radius of the      between June 15
                                 fireworks launch site   and June 31,
                                 located in Put-In-Bay   and two
                                 Harbor at position      separate
                                 41[deg]39.3' N,         evenings
                                 082[deg]49.0' W.        between
                                                         September 1 and
                                                         September 15.
(49) Bay Point Fireworks        All waters of Lake      One evening
 Display, Marblehead, OH.        Erie within a 250-      between June 15
                                 yard radius of the      and July 15.
                                 fireworks launch site
                                 located on shore in
                                 the vicinity of Bay
                                 Point, Marblehead,
                                 OH, at position
                                 41[deg]30.3' N,
                                 082[deg]43.1' W.
(50) LAZ Trommler Fireworks,    All waters of the       One evening
 Marblehead, OH.                 Sandusky Bay within a   between June 15
                                 500 foot radius of      and July 15.
                                 the fireworks launch
                                 site located at
                                 position
                                 41[deg]30'16'' N,
                                 083[deg]48'08'' W.
(51) Downtown Sandusky          All waters of the       One evening
 Fireworks, Sandusky, OH.        Sandusky Bay within a   between
                                 280-foot radius of      December 31 and
                                 the fireworks launch    January 1.
                                 site located at
                                 position
                                 41[deg]27'32.74'' N,
                                 082[deg]42'52.02'' W.
------------------------------------------------------------------------


    Dated: March 19, 2019.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2019-05607 Filed 3-22-19; 8:45 am]
 BILLING CODE 9110-04-P
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