[Federal Register Volume 73, Number 154 (Friday, August 8, 2008)]
[Rules and Regulations]
[Pages 46194-46200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18095]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-2008-0218]
RIN 1625-AA00


Safety Zones: Annual Events Requiring Safety Zones in the Captain 
of the Port Detroit Zone

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing safety zones for annual events 
in the Captain of the Port Detroit Zone. This rule consolidates current 
regulations establishing safety zones for annual fireworks events in 
the former Captain of the Port Toledo Zone and the former Captain of 
the Port Detroit Zone. In addition, it adds events not previously 
published in Coast Guard regulations. These safety zones are necessary 
to protect spectators, participants, and vessels from the hazards 
associated with fireworks displays or other events.

DATES: This rule is effective August 8, 2008.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2008-0218 and are available online at http://www.regulations.gov. This material is also available for inspection or 
copying at two locations: the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays and the U.S. Coast 
Guard, Sector Detroit, 110 Mt Elliot Ave, Detroit, MI 48207 between 8 
a.m. and 4 p.m., Monday through Friday, except Federal holidays.

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

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On May 22, 2008, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zones: Annual Events Requiring Safety Zones in 
the Captain of the Port Detroit Zone in the Federal Register (73 FR 
29725). We received zero letters commenting on the rule. No public 
meeting was requested, and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying this rule would be 
contrary to the public interest of ensuring the safety and security of 
the spectators and participants during this event and immediate action 
is necessary to prevent possible loss of life or property.

[[Page 46195]]

Background and Purpose

    In 2005, the Coast Guard consolidated the Captain of the Port 
Toledo Zone and the Captain of the Port Detroit Zone into one zone re-
defining the Captain of the Port Detroit Zone. This rule consolidates 
the regulations found in 33 CFR 165.907, Safety Zones; Annual Fireworks 
Events in the Captain of the Port Detroit Zone with additional events 
not previously published in the CFR.
    These safety zones are necessary to protect vessels and people from 
the hazards associated with fireworks displays or other events. Such 
hazards include obstructions to the waterway that may cause marine 
casualties and the explosive danger of fireworks and debris falling 
into the water that may cause death or serious bodily harm.

Discussion of Rule

    These safety zones are necessary to ensure the safety of vessels 
and people during annual firework events in the Captain of the Port 
Detroit area of responsibility that may pose a hazard to the public. 
This new section unites all the annual firework events in the recently 
consolidated COTP Detroit zone into one section of the CFR. In 
addition, there are several events that are added and some events that 
have been deleted in this new section.
    This rule adds the following events to those already occurring 
annually: (1) Roostertail Fireworks (land); (2) Roostertail Fireworks 
(barge); (3) Celebrate America Fireworks; (4) Target Fireworks; (5) 
Washington Township Summerfest Fireworks; (6) Au Gres City Fireworks; 
(7) The Old Club Fireworks; (8) Alpena Fireworks; (9) Put-In-Bay Fourth 
of July Fireworks; (10) Gatzeros Fireworks; (11) Harrisville Fireworks; 
(12) Harbor Beach Fireworks; (13) Trenton Rotary Roar on the River 
Fireworks; (14) Nautical Mile Venetian Festival Fireworks; (15) 
Cheeseburger Festival Fireworks; (16) Detroit International Jazz 
Festival Fireworks; (17) Marine City Maritime Festival Fireworks; (18) 
Schoenith Family Foundation Fireworks; (19) Toledo Country Club 
Memorial Celebration and Fireworks; (20) Luna Pier Fireworks Show; (21) 
Toledo Country Club 4th of July Fireworks; (22) Pharm Lights Up The 
Night Fireworks; (23) Perrysburg/Maumee 4th of July Fireworks; (24) 
Lakeside July 4th Fireworks; (25) Catawba Island Club Fireworks; (26) 
Red, White and Blues Bang Fireworks; (27) Huron Riverfest Fireworks; 
(28) Kellys Island, Island Fest Fireworks; (29) Riverfest at the 
International Docks; (30) Rossford Labor Day Fireworks; (31) Lakeside 
Labor Day Fireworks; and (32) Catawba Island Club Fireworks.
    The following events in the rule already exist in the current 
regulation and are only being reorganized in this rule: (33) Bay-Rama 
Fishfly Festival Fireworks; (34) Jefferson Beach Marina Fireworks; (35) 
Sigma Gamma Association Fireworks; (36) Lake Erie Metropark Fireworks; 
(37) City of St. Clair Fireworks; (38) Oscoda Township Fireworks; (39) 
Port Austin Fireworks; (40) City of Wyandotte Fireworks; (41) Grosse 
Point Farms Fireworks; (42) Caseville Fireworks; (43) Algonac Pickerel 
Tournament Fireworks; (44) Port Sanilac Fireworks; (45) St. Clair 
Shores Fireworks; (46) Port Huron 4th of July Fireworks; (47) Grosse 
Point Yacht Club 4th of July Fireworks; (48) Lexington Independence 
Festival Fireworks; (49) City of Ecorse Water Festival Fireworks; (50) 
Grosse Isle Yacht Club Fireworks; (51) Trenton Fireworks; (52) Belle 
Maer Harbor 4th of July Fireworks; (53) Tawas City 4th of July 
Fireworks; and (54) Venetian Festival Boat Parade and Fireworks.
    The safety zones will be enforced only immediately before, during, 
and after events that pose hazard to the public, and only upon notice 
by the Captain of the Port.
    The Captain of the Port Detroit will notify the public that that 
the safety zones in this rule will be enforced by all appropriate means 
to the affected segments of the public including publication in the 
Federal Register as practicable, in accordance with 33 CFR 165.7(a). 
Such means of notification may also include, but are not limited to, 
Broadcast Notice to Mariners or Local Notice to Mariners. The Captain 
of the Port will issue a Broadcast Notice to Mariners notifying the 
public if enforcement of a safety zone established by this section is 
cancelled.
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port or the designated representative. Entry 
into, transiting, or anchoring within the safety zone is prohibited 
unless authorized by the Captain of the Port Detroit, or his designated 
representative. The Captain of the Port or his designated 
representative may be contacted via VHF Channel 16.

Discussion of Comments and Changes

    We received no comments with regard to this rule and no changes 
have been made to this rule.

Regulatory Analyses

    We developed this rule after considering numerous statues and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    This determination is based on the minimal time that vessels will 
be restricted from the zone and the zone is an area where the Coast 
Guard expects insignificant adverse impact to mariners from the zone's 
activation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will affect the following entities, some of which may be 
small entities: The owners of operators of vessels intending to transit 
or anchor in the areas designated as safety zones in subparagraphs (1) 
through (49) during the dates and times the safety zones are being 
enforced.
    These safety zones would not have a significant economic impact on 
a substantial number of small entities for the following reasons: this 
rule would be in effect for short periods of time, and only once per 
year, per zone. The safety zones have been designed to allow traffic to 
pass safely around the zone whenever possible and vessels will be 
allowed to pass through the zones with the permission of the Captain of 
the Port. The Coast Guard will give notice to the public via a 
Broadcast Notice to Mariners that the regulation is in effect. 
Additionally, the COTP will suspend enforcement of the safety zone if 
the event for which the zone is established ends earlier than the 
expected time.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement

[[Page 46196]]

Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
better evaluate its effects on them and participate in the rulemaking 
process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard. We did not receive any comments for this 
section.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). We did not 
receive any comments for this section.

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism. We did not receive any comments for this section.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble. We did 
not receive any comments for this section.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights. We did not receive any comments for this section.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden. We did not receive any comments 
for this section.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children. We did not receive any comments for 
this section.

Indian Tribal Governments

    The Coast Guard recognizes the treaty rights of Native American 
Tribes. Moreover, the Coast Guard is committed to working with Tribal 
Governments to implement local policies and to mitigate tribal 
concerns. We have determined that these regulations and fishing rights 
protection need not be incompatible. We have also determined that this 
Rule does not have tribal implications under Executive Order 13175, 
Consultation and Coordination with Indian Tribal Governments, because 
it does not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes. Nevertheless, Indian Tribes 
that have questions concerning the provisions of this Rule or options 
for compliance are encourage to contact the point of contact listed 
under FOR FURTHER INFORMATION CONTACT.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 5100.1 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
under the Instruction that there are no factors in this case that would 
limit the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(g), of the Instruction, from further 
environmental documentation. This event establishes a safety zone, 
therefore paragraph (34)(g) of the Instruction applies.
    An environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. Revise the authority citation for part 165 to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

[[Page 46197]]

Sec.  165.907  [Removed and Reserved]

0
2. Remove and reserve Sec.  165.907.
0
3. Add Sec.  165.941 to read as follows:


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

    (a) Safety Zones. The following areas are designated Safety zones: 
(1) Roostertail Fireworks (barge), Detroit, MI:
    (i) Location: All waters of the Detroit River within a 300-foot 
radius of the fireworks launch site located at position 
42[deg]21[min]16.67[sec] N, 082[deg]58[min]20.41[sec] W. (NAD 83). This 
area is located between Detroit and Belle Isle near the Roostertail 
restaurant.
    (ii) Expected date: One evening during the third week in July. The 
exact dates and times for this event will be determined annually.
    (2) Washington Township Summerfest Fireworks, Toledo, OH:
    (i) Location: All waters of the Ottawa River within a 600-foot 
radius of the fireworks launch site located at position 41[deg]43'29'' 
N, 083[deg]28'47'' W (NAD 83). This area is located at the Fred C. 
Young Bridge, Toledo, OH.
    (ii) Expected date: One evening during the last week in June or the 
first week in July. The exact dates and times for this event will be 
determined annually.
    (3) Au Gres City Fireworks, Au Gres, MI:
    (i) Location: All waters of Saginaw Bay within a 700-foot radius of 
the fireworks launch site located at position 44[deg]1.4' N, 
083[deg]40.4' W (NAD 83). This area is located at the end of the pier 
near the end of Riverside Drive in Au Gres, MI.
    (ii) Expected date: One evening during the last week in June or the 
first week in July. The exact dates and times for this event will be 
determined annually.
    (4) The Old Club Fireworks, Harsens Island, MI:
    (i) Location: All waters of Lake St. Clair within an 850-foot 
radius of the fireworks launch site located at position 42[deg]32.4' N, 
082[deg]40.1' W (NAD 83). This area is located near the southern end of 
Harsen's Island, MI.
    (ii) Expected date: One evening during the last week of June or the 
first week of July. The exact dates and times for this event will be 
determined annually.
    (5) Alpena Fireworks, Alpena, MI:
    (i) Location: All waters of Lake Huron within an 800-foot radius of 
the fireworks launch site located at position 45[deg]2.7' N, 
083[deg]26.8' W (NAD 83). This area is located near the end of Mason 
Street, South of State Avenue, in Alpena, MI.
    (ii) Expected date: One evening during the last week in of June or 
the first week of July. The exact dates and times for this event will 
be determined annually.
    (6) Put-In-Bay Fourth of July Fireworks, Put-In-Bay, OH:
    (i) Location: All waters of Lake Erie within a 1000-foot radius of 
the fireworks launch site located at position 41[deg]39.7' N, 
082[deg]48.0' W (NAD 83). This area is located in Put-In-Bay Harbor.
    (ii) Expected date: One evening during the first week of July. The 
exact dates and times for this event will be determined annually.
    (7) Gatzeros Fireworks, Grosse Point Park, MI:
    (i) Location: All waters of Lake St. Clair within a 300-foot radius 
of the fireworks launch site located at position 42[deg] 22.6' N, 
082[deg]54.8' W (NAD 83). This area is located near Grosse Point Park, 
MI.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (8) Harrisville Fireworks, Harrisville, MI:
    (i) Location: All waters of Lake Huron within a 450-foot radius of 
the fireworks launch site located at position 44[deg]39.7' N, 
083[deg]17.0' W (NAD 83). This area is located at the end of the break 
wall at the Harrisville harbor in Harrisville, MI.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (9) Harbor Beach Fireworks, Harbor Beach, MI:
    (i) Location: All waters of Lake Huron within a 700-foot radius of 
the fireworks launch site located at position 43[deg]50.8' N, 082[deg] 
38.6' W (NAD 83). This area is located at the end of the railroad pier 
east of the end of State Street in Harbor Beach, MI.
    (ii) Expected date: One evening during the second week in July. The 
exact dates and times for this event will be determined annually.
    (10) Trenton Rotary Roar on the River Fireworks, Trenton, MI:
    (i) Location: All waters of the Detroit River within a 420-foot 
radius of the fireworks launch site located at position 42[deg]7.8' N, 
083[deg]10.4 ' W (NAD 83). This area is located between Grosse Ile and 
Elizabeth Park in Trenton, MI.
    (ii) Expected date: One evening during the third week in July. The 
exact dates and times for this event will be determined annually.
    (11) Nautical Mile Venetian Festival Fireworks, St. Clair Shores, 
MI:
    (i) Location: All waters of Lake St. Clair within a 210-foot radius 
of the fireworks launch site located at position 42[deg]28.2' N, 
082[deg]52.5' W (NAD 83). This area is located near Jefferson Beach 
Marina in St. Clair Shores, MI.
    (ii) Expected date: One evening during the second week in August. 
The exact dates and times for this event will be determined annually.
    (12) Cheeseburger Festival Fireworks, Caseville, MI:
    (i) Location: All waters of Lake Huron within a 300-foot radius of 
the fireworks launch site located at position 43[deg]56.9' N, 
083[deg]17.2' W (NAD 83). This area is located near the break wall 
located at Caseville County Park, Caseville, MI.
    (ii) Expected date: One evening during the second week in August. 
The exact dates and times for this event will be determined annually.
    (13) Detroit International Jazz Festival Fireworks, Detroit, MI:
    (i) Location: All waters of the Detroit River within a 560-foot 
radius of the fireworks launch site located at position 42[deg]19.6' N, 
83[deg]2.6' W (NAD 83). This area is located in the Detroit River 
between Cobo Hall and the GM Headquarters in Detroit, MI.
    (ii) Expected date: One evening during the last week in August or 
the first week in September. The exact dates and times for this event 
will be determined annually.
    (14) Marine City Maritime Festival Fireworks, Marine City, MI:
    (i) Location: All waters of the St. Clair River within an 840-foot 
radius of the fireworks launch site located at position 
42[deg]42.9[min] N, 082[deg]29.1[min] W (NAD 83). This area is located 
east of Marine City.
    (ii) Expected date: One evening during the third week in September. 
The exact dates and times for this event will be determined annually.
    (15) Schoenith Family Foundation Fireworks, Detroit, MI:
    (i) Location: All waters of the Detroit River, within a 210-foot 
radius of the fireworks launch site located at position 
42[deg]21.2[min] N, 82[deg]58.4[min] W. (NAD 83). This area is located 
between Detroit and Belle Isle.
    (ii) Expected date: One evening during the third week in September. 
The exact dates and times for this event will be determined annually.
    (16) Toledo Country Club Memorial Celebration and Fireworks, 
Toledo, OH:
    (i) Location: All waters of the Maumee River, within a 250-yard 
radius of the fireworks launch site located on shore at position 
41[deg]35[min]12.58[sec] N, 83[deg]36[min]16.58[sec] W. (NAD 83). This 
area is located at the Toledo Country Club's 18th Green and encompasses 
the fireworks launch site.
    (ii) Expected date: One evening during the last week in May. The 
exact dates and times for this event will be determined annually.

[[Page 46198]]

    (17) Luna Pier Fireworks Show, Luna Pier, MI:
    (i) Location: All waters of Lake Erie, within a 300-yard radius of 
the fireworks launch site located at position 41[deg]48[min]32[sec] N, 
83[deg]26[min]23[sec] W. (NAD 83). This area is located at the Clyde E. 
Evens Municipal Pier.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (18) Toledo Country Club 4th of July Fireworks, Toledo, OH:
    (i) Location: All waters of the Maumee River, within a 250-yard 
radius of the fireworks launch site located on shore at position 
41[deg]35[min]12.58[sec] N, 83[deg]36[min]16.58[sec] W. (NAD 83). This 
area is located at the Toledo Country Club's 18th Green and encompasses 
the fireworks launch site.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (19) Pharm Lights Up The Night Fireworks, Toledo, OH:
    (i) Location: All waters of the Maumee River, within a 300-yard 
radius of the fireworks launch site located at position 
41[deg]38[min]35[sec] N, 83[deg]31[min]54[sec] W. (NAD 83). This 
position is located at the bow of the museum ship SS WILLIS B. BOYER.
    (ii) Expected date: One day evening during the first or second 
weeks in July. The exact dates and times for this event will be 
determined annually.
    (20) Perrysburg/Maumee 4th of July Fireworks, Perrysburg, OH:
    (i) Location: All waters of the Maumee River, within an 850-foot 
radius of the fireworks launch site located at position 
41[deg]33[min]27[sec] N, 83[deg]38[min]59[sec] W. (NAD 83). This 
position is located at the Perrysburg/Maumee Hwy 20 Bridge.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (21) Lakeside July 4th Fireworks, Lakeside, OH:
    (i) Location: All waters of Lake Erie, within a 560-foot radius of 
the fireworks launch site located at position 41[deg]32[min]52[sec] N, 
82[deg]45[min]03[sec] W. (NAD 83). This position is located at the 
Lakeside Association Dock.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (22) Catawba Island Club Fireworks, Catawba Island, OH:
    (i) Location: All waters of Lake Erie, within a 300-yard radius of 
the fireworks launch site located at position 41[deg]34[min]20[sec] N, 
82[deg]51[min]18[sec] W. (NAD 83). This position is located at the 
northwest end of the Catawba Cliffs Harbor Light Pier.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (23) Red, White and Blues Bang Fireworks, Huron, OH:
    (i) Location: All waters of the Huron River, within a 300-yard 
radius of the fireworks launch site located at position 
41[deg]23[min]29[sec] N, 82[deg]32[min]55[sec] W. (NAD 83). This 
position is located at the Huron Ore Docks in Huron, OH.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (24) Huron Riverfest Fireworks, Huron, OH:
    (i) Location: All waters of Huron Harbor, within a 350-foot radius 
of the fireworks launch site located at the Huron Ore Docks at position 
41[deg]23[min]38[sec] N, 82[deg]32[min]59[sec] W. (NAD 83).
    (ii) Expected date: One evening during the second week in July. The 
exact dates and times for this event will be determined annually.
    (25) Kellys Island, Island Fest Fireworks, Kellys Island, OH:
    (i) Location: All waters of Lake Erie, within a 300-yard radius of 
the fireworks launch site located at position 41[deg]35[min]43[sec] N, 
82[deg]43[min]30[sec] W. (NAD 83). This position is located at the old 
Neuman Boat Line Dock.
    (ii) Expected date: One evening during the third or fourth weeks in 
July. The exact dates and times for this event will be determined 
annually.
    (26) Riverfest at the International Docks, Toledo, OH:
    (i) Location: All waters of the Maumee River, extending from the 
bow of the museum ship SS WILLIS B. BOYER (41[deg]38[min]35[sec] N, 
83[deg]31[min]54[sec] W), then north/north-east to the south end of the 
City of Toledo Street (41[deg]38[min]51[sec] N, 83[deg]31[min]50[sec] 
W), then south-west to the red nun buoy <greek-i>64 
(41[deg]38[min]48[sec] N, 83[deg]31[min]58[sec]), then south/south-east 
back to the point of origin at the bow of the museum ship SS WILLIS B. 
BOYER. (NAD 83).
    (ii) Expected date: One evening during the first week in September. 
The exact dates and times for this event will be determined annually.
    (27) Rossford Labor Day Fireworks, Rossford, OH:
    (i) Location: All waters of the Maumee River, within a 350-yard 
radius of the fireworks launch site located at position 
41[deg]36[min]58[sec] N, 83[deg]33[min]56[sec] W. (NAD 83). This 
position is located at Veterans Memorial Park.
    (ii) Expected date: One evening during the first week in September. 
The exact dates and times for this event will be determined annually.
    (28) Lakeside Labor Day Fireworks, Lakeside, OH:
    (i) Location: All waters of Lake Erie, within a 560-foot radius of 
the fireworks launch site located at position 41[deg]32[min]52[sec] N, 
82[deg]45[min]03[sec] W. (NAD 83). This position is located at the 
Lakeside Association Dock.
    (ii) Expected date: One evening during the first week in September. 
The exact dates and times for this event will be determined annually.
    (29) Catawba Island Club Fireworks, Catawba Island, OH:
    (i) Location: All waters of Lake Erie, within a 300-yard radius of 
the fireworks launch site located at position 41[deg]34[min]20[sec] N, 
82[deg]51[min]18[sec] W. (NAD 83). This position is located at the 
northwest end of the Catawba Cliffs Harbor Light Pier.
    (ii) Expected date: One evening during the first week in September. 
The exact dates and times for this event will be determined annually.
    (30) Bay-Rama Fishfly Festival Fireworks, New Baltimore, MI:
    (i) Location: All waters of Lake St. Clair-Anchor Bay, off New 
Baltimore City Park, within a 300-yard radius of the fireworks launch 
site located at position 42[deg]41[min] N, 082[deg]44[min] W (NAD 83).
    (ii) Expected date: One evening during the first week in June. The 
exact dates and times for this event will be determined annually.
    (31) Lake Erie Metropark Fireworks, Gibraltar, MI:
    (i) Location: All waters of Lake Erie, off Lake Erie Metro Park, 
within a 300-yard radius of the fireworks launch site located at 
position 42[deg]03'N, 083[deg]11'W (NAD 83). This position is located 
off the Brownstown Wave pool area.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (32) City of St. Clair Fireworks, St. Clair, MI:
    (i) Location: All waters off the St. Clair River near St. Clair 
City Park, within a 300-yard radius of the fireworks launch site 
located at position 42[deg]49[min] N, 082[deg]29[min] W (NAD 83).
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (33) Oscoda Township Fireworks, Oscoda, MI:
    (i) Location: All waters of Lake Huron, off the DNR Boat Launch 
near the mouth of the Au Sable River within a 300-yard radius of the 
fireworks launch site located at position 44[deg]19[min] N, 
083[deg]25[min] W (NAD 83).
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.

[[Page 46199]]

    (34) Port Austin Fireworks, Port Austin, MI:
    (i) Location: All waters of Lake Huron, off the Port Austin break 
wall within a 300-yard radius of the fireworks launch site located at 
position 42[deg]03[min] N, 082[deg]40[min] W. (NAD 83).
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (35) City of Wyandotte Fireworks, Wyandotte, MI:
    (i) Location: All waters of the Detroit River, off the break wall 
between Oak and Van Alstyne St., within a 300-yard radius of the 
fireworks launch site located at position 42[deg]12[min] N, 
083[deg]09[min] W. (NAD 83).
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (36) Grosse Pointe Farms Fireworks, Grosse Point Farms, MI:
    (i) Location: All waters of Lake St. Clair, within a 300-yard 
radius of the fireworks barge located at position 42[deg]23[min] N, 
082[deg]52[min] W. (NAD 83). This position is located 300 yards east of 
Grosse Pointe Farms, MI.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (37) Caseville Fireworks, Caseville, MI:
    (i) Location: All waters of Saginaw Bay, within a 300-yard radius 
of the fireworks launch site located at position 43[deg]56.9[min] N, 
083[deg]17.2[min] W. (NAD 83). This position is located off the 
Caseville break wall.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (38) Algonac Pickerel Tournament Fireworks, Algonac, MI:
    (i) Location: All waters of the St. Clair River, within a 300-yard 
radius of the fireworks barge located at position 41[deg]37[min] N, 
082[deg]32[min] W. (NAD 83). This position is located between Algonac 
and Russel Island, St. Clair River-North Channel.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (39) Port Sanilac Fireworks, Port Sanilac, MI:
    (i) Location: All waters of Lake Huron within a 300-yard radius of 
the fireworks launch site located at position 43[deg]25' N, 082[deg]31' 
W. (NAD 83). This position is located at the South Harbor Break wall in 
Port Sanilac.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (40) St. Clair Shores Fireworks, St. Clair Shores, MI:
    (i) Location: All waters of Lake St. Clair within a 300-yard radius 
of the fireworks barge located at position 42[deg]32' N, 082[deg]51' W. 
(NAD 83). This position is located 1000 yards east of Veteran's 
Memorial Park, St. Clair Shores.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (41) Port Huron 4th of July Fireworks, Port Huron, MI:
    (i) Location: All waters of the Black River within a 300-yard 
radius of the fireworks barge located at position 42[deg]58' N, 
082[deg]25' W. (NAD 83). This position is located 300 yards east of 223 
Huron Ave., Black River.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (42) Grosse Point Yacht Club 4th of July Fireworks, Grosse Point 
Shores, MI:
    (i) Location: All waters of Lake St. Clair within a 300-yard radius 
of the fireworks barge located at position 42[deg]25' N, 082[deg]52' W. 
(NAD 83). This position is located 400 yards east of the Grosse Point 
Yacht Club seawall, Lake St. Clair.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (43) Lexington Independence Festival Fireworks, Lexington, MI:
    (i) Location: All waters of Lake Huron within a 300-yard radius of 
the fireworks barge located at position 43[deg]13' N, 082[deg]30' W. 
(NAD 83). This position is located 300 yards east of the Lexington 
break wall, Lake Huron.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (44) City of Ecorse Water Festival Fireworks, Ecorse, MI:
    (i) Location: All waters of the Detroit River within a 300-yard 
radius of the fireworks barge located at position 41[deg]14' N, 
083[deg]09' W. (NAD 83). This position is located in the Ecorse Channel 
at the northern end of Mud Island.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (45) Grosse Isle Yacht Club Fireworks, Grosse Isle, MI:
    (i) Location: All waters of the Detroit River within a 300-yard 
radius of the fireworks launch site located at position 42[deg]05' N, 
083[deg]09' W. (NAD 83). This position is located in front of the 
Grosse Isle Yacht Club.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (46) Trenton Fireworks, Trenton, MI:
    (i) Location: All waters of the Detroit River within a 300-yard 
radius of the fireworks barge located at position 42[deg]09' N, 
083[deg]10' W. (NAD 83). This position is located 200 yards east of 
Trenton in the Trenton Channel near Trenton, MI.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (47) Belle Maer Harbor 4th of July Fireworks, Harrison Township, 
MI:
    (i) Location: All waters of Lake St. Clair within a 300-yard radius 
of the fireworks barge located at position 42[deg]36' N, 082[deg]47' W. 
(NAD 83). This position is located 400 yards east of Belle Maer Harbor, 
Lake St. Clair.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (48) Tawas City 4th of July Fireworks, Tawas, MI:
    (i) Location: All waters of Lake Huron within a 300-yard radius of 
the fireworks launch site located at position 44[deg]13' N, 083[deg]30' 
W. (NAD 83). This position is located off the Tawas City Pier.
    (ii) Expected date: One evening during the first week in July. The 
exact dates and times for this event will be determined annually.
    (49) Venetian Festival Boat Parade and Fireworks, St. Clair Shores, 
MI:
    (i) Location: All waters of Lake St. Clair within a 300-yard radius 
of the fireworks barge located at position 42[deg]28' N, 082[deg]52' W. 
(NAD 83). This position is located 600 yards off Jefferson Beach 
Marina, Lake St, Clair.
    (ii) Expected date: One evening during the second week in August. 
The exact dates and times for this event will be determined annually.
    (b) Definitions. The following definitions apply to this section:
    (1) Designated Representative means any Coast Guard commissioned, 
warrant, or petty officer designated by the Captain of the Port Detroit 
to monitor a safety zone, permit entry into the zone, give legally 
enforceable orders to persons or vessels within the zones, and take 
other actions authorized by the Captain of the Port.
    (2) Public vessel means vessels owned, chartered, or operated by 
the

[[Page 46200]]

United States, or by a State or political subdivision thereof.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transiting, or anchoring within 
this safety zone is prohibited unless authorized by the Captain of the 
Port Detroit, or his designated representative.
    (2)(i) These safety zones are closed to all vessel traffic, except 
as may be permitted by the Captain of the Port Detroit or his 
designated representative.
    (ii) All persons and vessels must comply with the instructions of 
the Coast Guard Captain of the Port or his designated representative.
    (iii) Upon being hailed by the U.S. Coast Guard by siren, radio, 
flashing light or other means, the operator of a vessel shall proceed 
as directed.
    (3)(i) All vessels must obtain permission from the Captain of the 
Port or his designated representative to enter, move within, or exit 
the safety zone established in this section when this safety zone is 
enforced.
    (ii) Vessels and persons granted permission to enter the safety 
zone must obey all lawful orders or directions of the Captain of the 
Port or a designated representative.
    (iii) While within a safety zone, all vessels must operate at the 
minimum speed necessary to maintain a safe course.
    (d) Exemption. Public vessels, as defined in paragraph (b) of this 
section, are exempt from the requirements in this section.
    (e) Waiver. For any vessel, the Captain of the Port Detroit or his 
designated representative may waive any of the requirements of this 
section, upon finding that operational conditions or other 
circumstances are such that application of this section is unnecessary 
or impractical for the purposes of public or environmental safety.
    (f) Notification. The Captain of the Port Detroit will notify the 
public that the safety zones in this section are or will be enforced by 
all appropriate means to the affected segments of the public including 
publication in the Federal Register as practicable, in accordance with 
33 CFR 165.7(a). Such means of notification may also include, but are 
not limited to Broadcast Notice to Mariners or Local Notice to 
Mariners. The Captain of the Port will issue a Broadcast Notice to 
Mariners notifying the public when enforcement of the safety zone 
established by this section is cancelled.

    Dated: July 11, 2008.
F.M. Midgette,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. E8-18095 Filed 8-7-08; 8:45 am]
BILLING CODE 4910-15-P