46194 Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Rules and Regulations 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

would not create an environmental risk 

to health or risk to safety that might 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it would not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

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 

Commandant Instruction M16475.1D 

and Department of Homeland Security 

Management Directive 5100.1, which 

guides the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA) (42 U.S.C. 4321–

4370f), and have concluded that there 

are no factors in this case that would 

limit the use of a categorical exclusion 

under section 2.B.2 of the Instruction. 

Therefore, this rule is categorically 

excluded, under figure 2–1, paragraph 

(32) (e) of the Instruction, from further 

environmental documentation. 

Under figure 2–1, paragraph (32)(e), of 

the Instruction, an environmental 

analysis checklist and a categorical 

exclusion determination are not 

required for this rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Revise § 117.841 to read as follows: 

§ 117.841 Smith Creek. 

The draw of the S117–S133 Bridge, 

mile 1.5 at Wilmington, need not open 

for the passage of vessels. 

Dated: July 30, 2008. 

Fred M. Rosa, Jr., 

Rear Admiral, United States Coast Guard, 

Commander, Fifth Coast Guard District. 

[FR Doc. E8–18351 Filed 8–7–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[USCG–2008–0218] 

RIN 1625–AA00 

Safety Zones: Annual Events 

Requiring Safety Zones in the Captain 

of the Port Detroit Zone 

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. 


rfrederick on PRODPC74 with RULES
Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Rules and Regulations 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 


rfrederick on PRODPC74 with RULES
46196 Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Rules and Regulations 

Fairness Act of 1996 (Pub. L. 104–121), 

in the NPRM we offered to assist small 

entities in understanding the rule so 

that they could better evaluate its effects 

on them and participate in the 

rulemaking process. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1–

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. We did not receive 

any comments for this section. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501–

3520). We did not receive any 

comments for this section. 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. We did not 

receive any comments for this section. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. We did not receive any 

comments for this section. 

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. 


rfrederick on PRODPC74 with RULES
Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Rules and Regulations 46197 

§ 165.907 [Removed and Reserved] 

■ 2. Remove and reserve § 165.907. 

■ 3. Add § 165.941 to read as follows: 

§ 165.941 Safety Zones; Annual Fireworks 

Events in the Captain of the Port Detroit 

Zone. 

(a) Safety Zones. The following areas 

are designated Safety zones: (1) 

Roostertail Fireworks (barge), Detroit, 

MI: 

(i) Location: All waters of the Detroit 

River within a 300-foot radius of the 

fireworks launch site located at position 

42°21′16.67′′ N, 082°58′20.41′′ W. (NAD 

83). This area is located between Detroit 

and Belle Isle near the Roostertail 

restaurant. 

(ii) Expected date: One evening 

during the third week in July. The exact 

dates and times for this event will be 

determined annually. 

(2) Washington Township 

Summerfest Fireworks, Toledo, OH: 

(i) Location: All waters of the Ottawa 

River within a 600-foot radius of the 

fireworks launch site located at position 

41°43′29′′ N, 083°28′47′′ W (NAD 83). 

This area is located at the Fred C. Young 

Bridge, Toledo, OH. 

(ii) Expected date: One evening 

during the last week in June or the first 

week in July. The exact dates and times 

for this event will be determined 

annually. 

(3) Au Gres City Fireworks, Au Gres, 

MI: 

(i) Location: All waters of Saginaw 

Bay within a 700-foot radius of the 

fireworks launch site located at position 

44°1.4′ N, 083°40.4′ W (NAD 83). This 

area is located at the end of the pier near 

the end of Riverside Drive in Au Gres, 

MI. 

(ii) Expected date: One evening 

during the last week in June or the first 

week in July. The exact dates and times 

for this event will be determined 

annually. 

(4) The Old Club Fireworks, Harsens 

Island, MI: 

(i) Location: All waters of Lake St. 

Clair within an 850-foot radius of the 

fireworks launch site located at position 

42°32.4′ N, 082°40.1′ W (NAD 83). This 

area is located near the southern end of 

Harsen’s Island, MI. 

(ii) Expected date: One evening 

during the last week of June or the first 

week of July. The exact dates and times 

for this event will be determined 

annually. 

(5) Alpena Fireworks, Alpena, MI: 

(i) Location: All waters of Lake Huron 

within an 800-foot radius of the 

fireworks launch site located at position 

45°2.7′ N, 083°26.8′ W (NAD 83). This 

area is located near the end of Mason 

Street, South of State Avenue, in 

Alpena, MI. 

(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. 


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(17) Luna Pier Fireworks Show, Luna 

Pier, MI: 

(i) Location: All waters of Lake Erie, 

within a 300-yard radius of the 

fireworks launch site located at position 

41°48′32′′ N, 83°26′23′′ W. (NAD 83). 

This area is located at the Clyde E. 

Evens Municipal Pier. 

(ii) Expected date: One evening 

during the first week in July. The exact 

dates and times for this event will be 

determined annually. 

(18) Toledo Country Club 4th of July 

Fireworks, Toledo, OH: 

(i) Location: All waters of the Maumee 

River, within a 250-yard radius of the 

fireworks launch site located on shore at 

position 41°35′12.58′′ N, 83°36′16.58′′ 

W. (NAD 83). This area is located at the 

Toledo Country Club’s 18th Green and 

encompasses the fireworks launch site. 

(ii) Expected date: One evening 

during the first week in July. The exact 

dates and times for this event will be 

determined annually. 

(19) Pharm Lights Up The Night 

Fireworks, Toledo, OH: 

(i) Location: All waters of the Maumee 

River, within a 300-yard radius of the 

fireworks launch site located at position 

41°38′35′′ N, 83°31′54′′ W. (NAD 83). 

This position is located at the bow of 

the museum ship SS WILLIS B. BOYER. 

(ii) Expected date: One day evening 

during the first or second weeks in July. 

The exact dates and times for this event 

will be determined annually. 

(20) Perrysburg/Maumee 4th of July 

Fireworks, Perrysburg, OH: 

(i) Location: All waters of the Maumee 

River, within an 850-foot radius of the 

fireworks launch site located at position 

41°33′27′′ N, 83°38′59′′ W. (NAD 83). 

This position is located at the 

Perrysburg/Maumee Hwy 20 Bridge. 

(ii) Expected date: One evening 

during the first week in July. The exact 

dates and times for this event will be 

determined annually. 

(21) Lakeside July 4th Fireworks, 

Lakeside, OH: 

(i) Location: All waters of Lake Erie, 

within a 560-foot radius of the fireworks 

launch site located at position 41°32′52′′ 

N, 82°45′03′′ W. (NAD 83). This position 

is located at the Lakeside Association 

Dock. 

(ii) Expected date: One evening 

during the first week in July. The exact 

dates and times for this event will be 

determined annually. 

(22) Catawba Island Club Fireworks, 

Catawba Island, OH: 

(i) Location: All waters of Lake Erie, 

within a 300-yard radius of the 

fireworks launch site located at position 

41°34′20′′ N, 82°51′18′′ W. (NAD 83). 

This position is located at the northwest 

end of the Catawba Cliffs Harbor Light 

Pier. 

(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. 


rfrederick on PRODPC74 with RULES
Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Rules and Regulations 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 


rfrederick on PRODPC74 with RULES
46200 Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Rules and Regulations 

United States, or by a State or political 

subdivision thereof. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Detroit, or his 

designated representative. 

(2)(i) These safety zones are closed to 

all vessel traffic, except as may be 

permitted by the Captain of the Port 

Detroit or his designated representative. 

(ii) All persons and vessels must 

comply with the instructions of the 

Coast Guard Captain of the Port or his 

designated representative. 

(iii) Upon being hailed by the U.S. 

Coast Guard by siren, radio, flashing 

light or other means, the operator of a 

vessel shall proceed as directed. 

(3)(i) All vessels must obtain 

permission from the Captain of the Port 

or his designated representative to enter, 

move within, or exit the safety zone 

established in this section when this 

safety zone is enforced. 

(ii) Vessels and persons granted 

permission to enter the safety zone must 

obey all lawful orders or directions of 

the Captain of the Port or a designated 

representative. 

(iii) While within a safety zone, all 

vessels must operate at the minimum 

speed necessary to maintain a safe 

course. 

(d) Exemption. Public vessels, as 

defined in paragraph (b) of this section, 

are exempt from the requirements in 

this section. 

(e) Waiver. For any vessel, the Captain 

of the Port Detroit or his designated 

representative may waive any of the 

requirements of this section, upon 

finding that operational conditions or 

other circumstances are such that 

application of this section is 

unnecessary or impractical for the 

purposes of public or environmental 

safety. 

(f) Notification. The Captain of the 

Port Detroit will notify the public that 

the safety zones in this section are or 

will be enforced by all appropriate 

means to the affected segments of the 

public including publication in the 

Federal Register as practicable, in 

accordance with 33 CFR 165.7(a). Such 

means of notification may also include, 

but are not limited to Broadcast Notice 

to Mariners or Local Notice to Mariners. 

The Captain of the Port will issue a 

Broadcast Notice to Mariners notifying 

the public when enforcement of the 

safety zone established by this section is 

cancelled. 

Dated: July 11, 2008. 

F.M. Midgette, 

Captain, U.S. Coast Guard, Captain of the 

Port Detroit. 

[FR Doc. E8–18095 Filed 8–7–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0801] 

Security Zone, Mackinac Bridge and 

Straits of Mackinac, Mackinaw City, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the Mackinac Bridge Walk security zone 

on the Straits of Mackinac from 6 a.m. 

through 11:59 p.m. on September 1, 

2008. This action is necessary to protect 

pedestrians during the event from an 

accidental or intentional vessel-tobridge collision. During the enforcement 

period, navigational and operational 

restrictions will be placed on all vessels 

transiting through the Straits area, under 

and around the Mackinac Bridge, 

located between Mackinaw City, MI, 

and St. Ignace, MI. All vessels must 

obtain permission from the Captain of 

Port Sault Ste. Marie (COTP) or a 

Designated Representative to enter or 

move within the security zone. 

DATES: The regulations in 33 CFR 

165.928 will be enforced from 6 a.m. 

through 11:59 p.m. on September 1, 

2008. 

FOR FURTHER INFORMATION CONTACT: 

LCDR Christopher R. Friese, Prevention 

Dept. Chief, Sector Sault Ste. Marie, 337 

Water St., Sault Ste. Marie, MI 49783; 

(906) 635–3220. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the security zone for 

the annual Labor Day Mackinac Bridge 

Walk in 33 CFR 165.928 on September 

1, 2008, from 6 a.m. to 11:59 p.m. 

Under provisions of 33 CFR 165.928, 

a vessel may not enter or move with the 

regulated area, unless it receives 

permission from the COTP or a 

Designated Representative as defined in 

33 CFR 165.928(a)(1). The Coast Guard 

may be assisted by other Federal, State, 

or local law enforcement agencies in 

enforcing this regulation. 

This notice is issued under the 

authority of 33 CFR 165.928 and 5 

U.S.C. 552(a). In addition to this notice 

in the Federal Register, the Coast Guard 

will provide the maritime community 

with advance notification of this 

enforcement period via a Local 

Broadcast Notice to Mariners. 

Dated: July 31, 2008. 

M.J. Huebschman, 

Captain, U.S. Coast Guard, Captain of Port 

Sault Ste. Marie. 

[FR Doc. E8–18349 Filed 8–7–08; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2008–0189; FRL–8702–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Section 110(a)(1) 8-Hour 

Ozone Maintenance Plan and 2002 

Base-Year Inventory for the Schuylkill 

County Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the Commonwealth of 

Pennsylvania. The Pennsylvania 

Department of Environmental Protection 

(PADEP) submitted a SIP revision 

consisting of a maintenance plan that 

provides for continued attainment of the 

8-hour ozone national ambient air 

quality standard (NAAQS) for at least 10 

years after the April 30, 2004, 

designations, as well as a 2002 base-year 

inventory for the Schuylkill County 

Area. EPA is approving the maintenance 

plan and the 2002 base-year inventory 

for the Schuylkill County Area as 

revisions to the Pennsylvania SIP in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: Effective Date: This final rule is 

effective on September 8, 2008. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2008–0189. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy for 

public inspection during normal 


rfrederick on PRODPC74 with RULES