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###### Department of Homeland Security

###### Coast Guard 

          - 33 CFR Part 165 
          - [USCG-2008-0218] 
          - RIN 1625-AA00 

# 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                         *http://www.regulations.gov*. This material is also available for inspection or copying at two locations: the Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays and the U.S. Coast Guard, Sector Detroit, 110 Mt Elliot Ave, Detroit, MI 48207 between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays.                     

# FOR FURTHER INFORMATION CONTACT:

If you have questions on this rule, call CDR Joseph Snowden, Prevention, U.S. Coast Guard Sector Detroit at (313) 568-9580. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202-366-9826. 

# SUPPLEMENTARY INFORMATION:

## Regulatory Information 

                    On May 22, 2008, we published a notice of proposed rulemaking (NPRM) entitled Safety Zones: Annual Events Requiring Safety Zones in the Captain of the Port Detroit Zone in the                     **Federal Register**                     (73 FR 29725). We received zero letters commenting on the rule. No public meeting was requested, and none was held.                 

                    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the                     **Federal Register**                    . Delaying this rule would be contrary to the public interest of ensuring the safety and security of the spectators and participants during this event and immediate action is necessary to prevent possible loss of life or property.                           ( print 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                           ( print 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

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: 

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. 

      ( print page 46197)    
§ 165.907 

2. Remove and reserve § 165.907. 

3. Add § 165.941 to read as follows: 

§ 165.941 

                            (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.                         

                            (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 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.                                   ( print 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°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.                         

                            (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: 

                            (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 300-yard 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.                                   ( print 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°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 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 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                                   ( print page 46200)                                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.                        

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